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HomeMy WebLinkAboutAGENDA REPORT 2024 0515 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of May 15, 2024 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2024- 4243. (UNANIMOUS ROLL CALL VOTE) BY A. Hurtado. F. Consider Award of One-Year Agreement with Durham School Services L.P., for Bus Excursions and Charter Bus Transit Services, and Consider Resolution Establishing the 2024 Summer Beach Bus Program. Staff Recommendation: 1) Authorize award of one-year Agreement to Durham School Services, L.P., in an amount not-to-exceed $48,000; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2024-4243, establishing the 2024 Summer Beach Bus program. (Daniel Kim, City Engineer/Public Works Director) (ROLL CALL VOTE REQUIRED) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director BY: Michelle Woomer, Management Analyst DATE: 05/15/2024 Regular Meeting SUBJECT: Consider Award of One-Year Agreement with Durham School Services L.P., for Bus Excursions and Charter Bus Transit Services, and Consider Resolution Establishing the 2024 Summer Beach Bus Program SUMMARY Staff is requesting that City Council approve a one-year Agreement with Durham School Services, L.P. (Durham) for Bus Excursions and Charter Bus Transit Services for a not- to-exceed amount of $48,000. Staff is also requesting that City Council adopt a resolution establishing the 2024 Summer Beach Bus program. BACKGROUND Durham was first awarded an agreement to provide transit services for the City’s Summer Beach Bus Program on June 18, 2001. Durham’s contract was renewed annually, and they continued to provide Bus Excursions and Charter Bus Transit Services through the summer of 2023.. The last contract awarded to Durham was on June 7, 2023, to provide the 2023 Summer Beach Bus service; and Camp Moorpark and Adventure Camp excursions. That agreement expired December 31, 2023. Durham has provided transit services for the City’s Summer Beach Bus Program continuously since the inception of the Program in June 2001. They are knowledgeable with both the City’s Summer Beach Bus, and Camp Moorpark and Adventure Camp programs. Pursuant to Moorpark Municipal Code (MMC) Section 3.04.130-240, formal bidding procedures are to be followed prior to sourcing services. However, Moorpark Municipal Code (MMC) Section 3.04.120 grants the City Council the authority to waive purchasing procedures. Item: 10.F. 84 Honorable City Council 05/15/2024 Regular Meeting Page 2 DISCUSSION Durham’s proposed 2024 cost is approximately 5% higher in comparison to their 2023 rate, due to higher fuel cost and bus driver wages. Table 1 below shows 2024 rates in comparison to 2023 rates: Table 1: Durham’s Pricing Proposal The Summer Beach Bus 2024 service will operate Wednesday through Friday for nine weeks, starting from June 19, 2024, through August 16, 2024. Buses will pick up and drop off at three designated stops within the City. Stops will be located at Campus Canyon School, High Street, and Arroyo Vista Recreation Center. In prior years, the beach bus stopped at five locations, Campus Canyon School, High Street, Poindexter Park, Arroyo Vista Recreation Center, and Peach Hill Park. The program is reassessed yearly at the end of the service. Ridership data, the number of passengers using each particular stop, and community feedback are all taken into consideration when planning for the upcoming service. Feedback from the community is that the in-transit time to pick up passengers among the five stops took too long. It takes approximately 40 minutes to pick up passengers from the five stops. From the time passengers are picked up from the first stop located at Campus Canyon School to drop off at Ventura Harbor Cove Beach, it takes about an hour and thirty minutes travel time. By removing two of the stops, Poindexter Park and Peach Hill Park, travel time is cut down by 20 minutes. The two stops that are being eliminated are stops that were consistently the least used from data gathered from prior years of the Summer Beach Bus service. Additionally, by eliminating the two stops and reducing the in-transit time by 15%, staff is hopeful that it will attract more people to use the service. Roundtrip fares to Ventura Harbor Cove Beach will be $5.00 for passengers ages six to 64 years old, and $2.00 round trip for passengers 65+ or passengers with disability. Children five years old or younger and accompanied by a passenger at least 16 years or older will ride for free. As previously mentioned, the Parks, Recreation, and Community Services Department will also use Durham for their Camp Moorpark and Adventure Camp programs. Camp Moorpark is expected to begin its Wednesday field trips beginning June 19. Adventure Camp will begin the week of July 8 and will offer trips Mondays, Wednesdays, and Thursdays. August 15 will be the last day of service for camp trips. At this time, staff is proposing to award a one-year Agreement (Attachment 1) to Durham to provide Bus Excursions and Charter Bus Transit Services. Durham - Bus Excursions and Charter Services Year Cost Per Hour Five (5) Hour Cost Each Additional Hour 2024 $107.15 $535.75 $85.68 2023 $102.05 $510.25 $81.60 85 Honorable City Council 05/15/2024 Regular Meeting Page 3 Table 2: Summer Beach Bus Ridership 2021-2023 As seen in Table 2 above, ridership for the program has decreased significantly since the height of COVID in 2020. Although ridership has slowly increased since then, both program and per-passenger costs have risen. The Summer Beach Bus program will be reassessed before summer 2025 to determine if the program should or should not be continued based on ridership demands and program cost. If the City chooses to continue with the program, a formal Request for Proposal (RFP) will be advertised sometime in early 2025. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. 689 9431,012 1,188 1,361 1,5961,590 1,967 1,763 1,062 1,4501,369 899 859 906 767 888 822 872 20 208 417 581 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,200 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 2 0 1 8 2 0 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 2001- 2023 Beach Bus Passengers (Round Trip) 86 Honorable City Council 05/15/2024 Regular Meeting Page 4 FISCAL IMPACT Estimated costs to operate the Beach Bus and Camp Moorpark/Adventure Camp services in 2024 are as follows: •Beach Bus $30,000 •Camp Moorpark/Adventure Camp $18,000 Total Cost $48,000 It is estimated that $3,000.00 of the Beach Bus cost will be offset by fares. The remaining $27,000.00 will be funded with Transportation Development Act (TDA) funds (expense line 2414-430-P0011-51000). COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1.Authorize award of one-year Agreement to Durham School Services, L.P., in an amount not-to-exceed $48,000; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2.Adopt Resolution No. 2024-____, establishing the 2024 Summer Beach Bus program. Attachment 1: Draft Agreement Attachment 2: Draft Resolution No. 2024-____ 87 Durham School Services, L.P. Page 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND DURHAM SCHOOL SERVICES, L.P., FOR BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES THIS AGREEMENT, executed as of ___________________________, between the City of Moorpark, a municipal corporation (“City”) and Durham School Services, L.P., a limited partnership (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for bus excursion and charter services; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Contractor has submitted to City a Proposal of cost dated March 21, 2024, which is attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to the completion of the project on June 30, 2025, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide bus excursion and charter bus transit services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit B. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of forty-eight thousand dollars ($48,000), without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. ATTACHMENT 1 88 Durham School Services, L.P. Page 2 3.DEFINITIONS “Passenger” shall mean any person utilizing the services provided by the Contractor as described in Exhibit B. “Vehicle” or “backup vehicle” shall mean a bus or van designated by the Contractor for use in providing services under this Agreement, including but not limited to a primary vehicle, an additional wheelchair accessible vehicle and a backup or replacement vehicle if needed due to a mechanical breakdown, traffic incident, or any reason whatsoever to provide transportation services under this Agreement. The backup or replacement vehicle shall be equipped with a wheelchair lift and be of the size, capacity, and design specified in Exhibit B, or, there shall be a secondary wheelchair accessible vehicle that will serve as a backup vehicle to the primary wheelchair accessible vehicle. All vehicles shall be in a safe and good working order. The City shall have the right to approve the suitability of any vehicle used by the Contractor under this Agreement. “Revenue hours” shall mean the time when a vehicle is available to the general public and there is an expectation of carrying passengers. For purposes of this RFP, revenue hour shall also include dwell time between the time passengers are picked up and dropped off from their destination if the vehicle is unable to be dispatched to another service. Revenue hour does not include leaving or returning to the garage or yard facility or time when a driver is on an unpaid break/lunch. 4.PERFORMANCE Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5.MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Rudy Ramirez, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 6.PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. 89 Durham School Services, L.P. Page 3 Compensation for services to be performed by the Contractor shall not exceed the daily rate submitted in the Contractor’s Cost Proposal Form in Exhibit C without additional authorization by the City. Services shall be billed in accordance with Contractor’s proposal as it is accepted by the City. The City shall only pay for services actually rendered. Services rendered shall specifically exclude time for travel to and from the Contractor’s storage facility and downtime for road assistance. If the Contractor fails to complete the work, fails to provide service for an entire day, or causes a default as specified in Section 10, Liquidated Damages, the City may, at its sole option, notwithstanding other rights and remedies, assess the Contractor at the hour rate detailed in Exhibit C for the respective year and at the same rate for each fraction of an hour rounding up the nearest quarter hour, beginning at onset of service failure or time of an incident that causes service to be interrupted. This assessment shall be deducted from any payment(s) due or to become due to Contractor under the terms of this Agreement. No payment by City shall be construed as a waiver of City’s rights to deduct the assessment and the assessment may be deducted from any subsequent payment. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, base d upon actual time spent on the above tasks. This amount shall not exceed forty-eight thousand dollars ($48,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall be accompanied with attachments specified in Exhibit B. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor’s fees or expenses, it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 7.TERMINATION OR SUSPENSION WITHOUT CAUSE For 2024, the following language shall apply: In addition to any other termination rights set in this Agreement and without prejudice to any other rights or remedies that either Party may have, either Party may 90 Durham School Services, L.P. Page 4 terminate this Agreement immediately by delivery of written notice to the other Party at any time if any of the following occur: 1) The other Party files a voluntary petition for bankruptcy which is not dismissed within ninety (90) days. 2) The other Party discontinues its business. 3) A receiver or trustee of any of the other Party’s property is appointed and such appointment is not discharged within ninety (90) days. 4) The other Party breaches a material provision of this Agreement and such default is not cured within fifteen (15) business days after written notice thereof. 5) Any of the representations or warranties made by the other Party in this Agreement provide to be untrue or inaccurate in any material respect. For the remaining years that this Agreement is in place, the following language shall apply: This Agreement, or portions thereof, may be terminated, cancelled or suspended in any one of the following manners: 1) By mutual written agreement of the parties. 2) Upon ten (10) days written notice by City or thirty (30) days written notice by Contractor, with or without cause. 3) If in the sole subjective judgment of City at any time or times after the execution of this Agreement, Contractor fails to perform the services required to be provided in accordance with the terms hereof, or fails to comply with any of the requirements and terms of this Agreement the City, upon at least seventy-two (72) hours written notice to Contractor, and without prejudice to any other remedies the City may have, may terminate Contractor's services and any obligations the City may otherwise have under this Agreement. The written notice shall instruct Contractor to cease its services as of a specified day, and City shall have no further obligation to pay for services tendered or otherwise after such date. If in the sole subjective judgment of City at any time or times after the execution of this Agreement Contractor fails to maintain in force throughout the term of this Agreement, including any extensions thereof, the insurance coverage required herein, or Contractor effects any willful acts or omissions that endanger the public health and safety, the City may immediately, without prior notification, and without prejudice to any other remedies the City may have, suspend Contractor’s services and any obligations the City may otherwise have under this Agreement. Upon receiving written notice of immediate suspension, Contractor shall have up to fourteen (14) days to cure or remedy cause for suspension; however, the City may, at the City’s sole discretion, terminate this Agreement within the suspension period. Should the Contractor cure or remedy the cause for suspension, and the cure or remedy is accepted, in writing, by the City, Contractor may resume services. 91 Durham School Services, L.P. Page 5 8.BACKGROUND CHECKS Contractor shall be registered with the Department of Justice as a Human Resources Agency. Contractor shall at a minimum perform background checks on drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate backgrounds are not employed to provide services under this Agreement. Drivers shall have no felony conviction history. 9.DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice t o the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have fourteen (14) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10.LIQUIDATED DAMAGE Contractor shall operate strictly according to the most current bus schedule provided by City and to a reasonable on-time performance standard except where service is interrupted for those reasons stated hereinafter. Service shall be provided as scheduled or according to any adjusted schedule established by City, including route modifications required. The City may assess liquidated damages for the following defaults: A.If the driver begins or ends a route late by more than twenty (20) minutes; B.If the driver departs from a stop prior to the designated departure time; C.If the vehicle in use on the route runs out of fuel; D.If the driver deviates from a route or fails to follow the route as scheduled; E.If a vehicle is not properly inspected or cleaned prior to use on the route; F.If the driver fails to complete a route due to vehicle or driver failure, mechanical failure; G.If the driver fails to stop for a passenger at a designated stop; 92 Durham School Services, L.P. Page 6 H.If the driver fails to pickup or assist a disabled rider that requires assistance to board and alight from the bus. The Contractor agrees that any of the above defaults will result in damage and injury to the City. The City and Contractor agree that actual damages occurring to the City because of any one or more of such defaults, on a given day, will be difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, the City and the Contractor have negotiated and have agreed that for each calendar day during which one or more defaults occur that the Contractor shall pay to the City, as and for liquidated damages, and not as a penalty, a sum equal to the hourly rate per vehicle compensation due to the Contractor pursuant to Exhibit C of this Agreement for each hour during which the incident causing the default occurs. Said payment for liquidated damages shall be deducted from any payments due or to become due to Contractor under the terms of this Agreement. No payment by City shall be construed as a waiver of City's right to deduct liquidated damages which may be deducted from any subsequent payment. Contractor shall be excused from performance of the above liquidated damages during the time and to the extent that Contractor is prevented from performing in the customary manner by force majeure, fire, flood, war, riot, civil disturbance, vandalism, terrorism, epidemic, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight embargo, rationing or unavailability of materials or products, loss of transportation facilities, commandeering of equipment, materials, products, plants, or facilities of government, or any other occurrences or circumstances which are beyond the control of the Contractor. 11.OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of 93 Durham School Services, L.P. Page 7 the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defen se of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor i n the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and sha ll survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit H attached hereto and incorporated herein by this reference as though set forth in full. 94 Durham School Services, L.P. Page 8 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other bas is protected by applicable federal, state, or local laws, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, 95 Durham School Services, L.P. Page 9 employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 18.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 19.CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 20.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Contract Administrator Durham School Services, L.P. 2601 Navistar Dr. Lisle, Illinois 60532 96 Durham School Services, L.P. Page 10 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 25. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 26. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement a nd 97 Durham School Services, L.P. Page 11 shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. Exhibit A (Contractor’s Proposal), Exhibit B (Scope of Services), Exhibit C (Proposal Cost Form and Addenda), Exhibit D (Proposer Reference Forms – Parts I and II), Exhibit E (Vehicle Identification Form), Exhibit F (List of Subcontractors), Exhibit G (Moorpark City Transit Rules/Charter Passenger Policy), and Exhibit H (Insurance Requirements), are hereby incorporated and made a part of this Agreement. 27. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 28. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 29. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Contractor’s Proposal. 30. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 31. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 32. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. 98 Durham School Services, L.P. Page 12 33. PASSENGER CONDUCT At any time during the charter trip, Contractor or the driver as the Contractor’s representative, reserves the right to refuse to transport any person or persons that Contractor or its representative believes to be in violation of the Charter Passenger Policy attached hereto as Exhibit G. Compliance with this policy is required of each passenger. Failure to comply with this policy may result in immediate removal up to suspension of charter transportation privileges. Contractor is not responsible for any passengers who have not boarded the vehicle at the time of departure. Any activity that interferes with the safe operation of the vehicle shall be discontinued immediately. Use of any external signage or decoration requires prior Contractor approval and may be subject to applicable law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK Durham School Services, L.P. Troy Brown, City Manager Paul D. Egger, Vice President Attest: Ky Spangler, City Clerk 99 March 21, 2024 Igor Leontiy Administrative Specialist Public Works Department 799 Moorpark Avenue Moorpark RE: 2024 Rates Bus Excursions and Charter Bus Transit Services Mr. Leontiy, Durham School Services is pleased to submit rates for 2024 for the City of Moorpark's for Bus Excursions and Charter Bus Transit Services. The increase in rates are based on the rise in operational cost. Cost – Bus Excursion and Charter Services 2024. Bus Excursions and Charter Services- Cost Per Hour Five (5) Hour Cost Each Additional Hour Year $107.15 $535.75 $85.68 2024 Respectfully, Paul D. Egger VP, North American Charter Business 2713 River Ave | Rosemead, CA 91770 | P: 714.267.7936 | Paul.Egger@NELLC.com | durhamcharterservices.com FULL-SERVICE TRANSPORTATION  ROUTE OPTIMIZATION AND SCHEDULING  SPECIAL NEEDS EXPERTISE  CHARTER BUS SERVICE EXHIBIT A 100 EXHIBIT B SCOPE OF SERVICES FOR BUS EXCURSION CHARTER BUS SERVICES SECTION 1. SERVICE DAYS AND HOURS MOORPARK BEACH BUS The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine (9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to offer this service on Wednesday, Thursday, and Friday. The public transportation service included in this Scope of Service consists of a single vehicle service for the City with nine (9) to ten (10) revenue hours per day. A school bus is usually adequate for this service. Contractor shall provide service between various stops in the City and a beach destination, such as Zuma County Beach in Malibu or Ventura Harbor in Ventura. This shall be an unsupervised public transit service. One vehicle shall make two (2) or more round trips each day of service in accordance with a published schedule. Schedule adherence is important for this service. Contractor shall have the ability to dispatch a secondary vehicle (“tripper bus”) in the event City requests additional passenger capacity. The City shall determine and set fares. Contractor shall charge passengers exactly as specified unless notified by the City that there will be a deviation from regular fares. CAMP MOORPARK & ADVENTURE CAMP Camp Moorpark and Adventure Camp are summer recreation programs that typically require one or two (1 - 2) buses Tuesday through Thursday for a ten (10) to eleven (11) week period from June through August. Trips are taken by children ages 5-14. Trip destinations include locations in Ventura, Los Angeles, and Santa Barbara counties. This is a subscription service. Passengers register in advance with the City. Passengers are supervised by City staff. The number of passengers can be up to seventy (70) children and fourteen (14) staff. In some cases, the number of passengers can be fewer and the City may request a smaller sized vehicle if available. The City, at its sole option, may contract with more than one bus operator to expand or reduce services during the term of the Agreement. The City, at its sole option, may wish to expand or reduce these services during the term of the Agreement. ACTIVE ADULT CENTER Transportation from the Moorpark Active Adult Center to a local attraction such as a museum or event site, typically within seventy-five (75) miles of Moorpark, and not usually exceeding ten (10) hours from beginning to end. These are unsupervised trips; 101 2 however, non-staff volunteers may be present to assist with boarding and disembarking the bus. SECTION 2. ROUTES With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road for Camp Moorpark and Adventure Camp or 799 Moorpark Avenue for the Active Adult Center. The Moorpark Beach Bus has approximately five (3) stops for boarding and alighting in the City. All services usually have one (1) destination point. The City reserves the right to adjust the routes, providing notice as indicated in this Agreement. In addition, Contractor agrees to perform the transportation services as requested by the City and executed in the form of a Charter Confirmation attached hereto as Attachment A (the “Services”). The Parties understand and agree that the Services may be amended from time to time during the term by mutual written agreement of the Parties. SECTION 3. OPERATIONS The Contractor shall be responsible for operation of the vehicles used to provide services contemplated by this Agreement. The Contractor shall ensure at all times that vehicles used for passenger conveyance shall be operated with due regard for the safety, comfort, and convenience of the public. The Contractor shall be responsible for complying with all applicable federal, state and local laws and requirements. SECTION 4. CONTRACTOR VEHICLES Contractor shall provide all necessary vehicles, including one (1) primary bus and at least one (1) backup bus to ensure continuation of service in case of a breakdown of the primary bus. All Contractor-supplied vehicles shall have less than 75,000 original odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA standards. The Contractor shall at all times be required to have a backup vehicle available for use in the event that the primary vehicle is unable to operate. If the primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be required to provide a separate wheelchair accessible vehicle upon demand. For the Moorpark Beach Bus program, the separate wheelchair accessible vehicle shall be provided within thirty (30) minutes of discovering a passenger at a Beach Bus stop with a wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp or Active Adult Center trips, the Contractor shall be notified at least twenty-four (24) hours in advance if a wheelchair accessible vehicle is required. In the event that the vehicle being used by the Contractor breaks down, the Contractor shall provide a backup vehicle on site within one and one half (1 ½ ) hours. 102 3 The primary vehicles shall have a minimum of twenty-five (25) bench seats and a seating capacity of approximately seventy-five (75) children at three (3) passengers per bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat. All vehicles must have storage for luggage. Air conditioning, large tinted windshield, and passenger windows are desirable but not required. A late model school bus in good condition may meet the criteria for vehicles. City shall provide magnetic signs that are to be placed on the Moorpark Beach Bus. Currently, the City has three (3) separate signs: “Moorpark”, “City Transit”, and “Beach Bus”. The magnetic signs can be arranged to read “Moorpark City Transit Beach Bus” along the external sides of the bus and separate “Beach Bus” signs are to be placed on the external front and back of the bus. If Contractor’s bus has electronic sign display(s) the electronic sign display shall be programed to display “Moorpark City Transit Beach Bus” or an agreed upon alternative based on the number of characters that the electronic sign can display at one time. SECTION 5. MAINTENANCE The Contractor shall perform the duties and accept the responsibilities set forth in connection with the maintenance of the Contractor's vehicles used to provide services under this Agreement. Contractor's buses, vans, school buses or other vehicles that are used to provide services under this Agreement are referred to in this section as "vehicles". The omission of a duty or responsibility herein shall not relieve the Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating a fixed-route and dial-a-ride public transportation system of a kind and character such as Moorpark City Transit. 5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate fixed maintenance facility within a thirty-five (35) mile radius from the City. The facility shall be equipped with all tools and equipment necessary for maintenance of· vehicles in accordance with this Agreement. When out-of-service, vehicles shall be stored at all times either within an enclosed, paved garage, or within a paved, security-fenced outside storage area. 5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all vehicles under this Agreement. For purposes of this Agreement, daily servicing shall include, but not be limited to: fueling; check/add engine oil, coolant, water, and transmission fluid; farebox vault pulling and replacement; wheelchair lift check; brake check; light and flasher check; and checking all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. The Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of the vehicles. The checklist shall be utilized and kept on file for City and California Highway Patrol (CHP) review at any time during regular business hours. The 103 4 checklist requirement may incorporate or supplement CHP required driver's pre- trip safety inspections. 5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat condition at all times. The interior of the vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. Vehicles shall be swept and dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as necessary. The interiors of all vehicles shall be thoroughly washed at least once per week, including all windows, seats, floor, stanchions, and grabrails. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the interior cleaning process. Any damage to seat upholstery shall be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Destination sign interior glass shall be cleaned as necessary to maintain a clean appearance and maximize visibility. The exteriors of vehicles shall be washed as required to maintain a clean, inviting appearance and in no event less than once per week. Exterior washing shall include the bus body, all windows, and wheels. Rubber or vinyl exterior components such as tires, bumpers fascia fender shirts, and door edge guards shall be cleaned and treated with a preservative at least once per month, or as often as necessary to maintain an attractive appearance. The bus exterior shall be waxed once every six (6) months. The vehicles shall be kept free of vermin and insects at all times. The Contractor shall exterminate all vermin and· insects from the vehicles immediately upon their discovery, utilizing safe and non-hazardous materials. 5.4. Preventive Maintenance: The Contractor shall develop and implement a preventive maintenance program. At a minimum, the Agreement's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry, and shall meet the manufacturer's specifications and be sufficient so as not to invalidate or lessen warranty coverage of the vehicles. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause for deferred maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of schedule. The Contractor shall not defer maintenance for any reason without the prior written consent of the City. The Contractor shall adjust the work schedule of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule. All parts used for preventive maintenance shall be new and meet manufacturer's specifications. 104 5 The City, at its own expense, may inspect the vehicle(s) to ensure that regular preventive maintenance is being performed. 5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor or by other vendors and suppliers and shall be included in the final Agreement cost. Repairs shall include, but not be limited to, work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. All required parts shall be new and meet manufacturer's specifications. Repair work shall be conducted as soon as practicable upon learning that such work is required. The Contractor shall perform repair work expeditiously in response to identification of problems by drivers or other staff members. The Contractor shall assure the City that required repairs shall not be deferred beyond a reasonable time. The Contractor shall be familiar with vehicles and equipment warranties and shall comply with all warranty provisions in the conduct of maintenance. 5.6. Vehicle Towing: In the event that towing of a vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor's sole expense. 5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and make available to the City, the CHP and/or such other regulatory agencies with jurisdiction records and data relative to vehicle maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner to fulfill any applicable state or federal requirements, as well as any needs of the City to enable it to evaluate accurately the Contractor's maintenance performance and the operating expense associated with the services provided under this Agreement. The City maintains the right to inspect, examine and test, at any reasonable time, any vehicles used in performance of this Agreement and any equipment used in the performance of maintenance work in order to ensure compliance with this Agreement. Such inspection shall not relieve the Contractor of the obligation to monitor continually the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. The Contractor shall prepare and maintain records and reports that shall include, but not limited to, the following: A. Daily vehicle inspection and servicing checklists. B. Work orders for all maintenance inspections, warranty repairs and other 105 6 vehicle repairs including materials, parts and labor consumed. C. Roadcall reports, or work order, for each roadcall identifying date and time, vehicle number, problem and mileage of vehicle. D.Monthly summary of vehicle miles, vehicle miles since last preventive maintenance inspection, a list of any vehicle repairs made, number and length of time a backup vehicle was used, and vehicle roadcalls. SECTION 6. DRIVERS Drivers are required to possess a valid California Class “B” or “C” driver license for the operation of the type of vehicles to be used by that respective driver. The Contractor shall provide thorough training for all drivers for the proper performance of their duties. Drivers shall also be thoroughly trained on the use of all equipment required under this Agreement, including the Contractor's backup vehicles. At a minimum, drivers shall be required to: wear an approved uniform of clean and neat appearance, be helpful and courteous, ensure that fares are collected and deposited in the farebox, assist senior citizens and disabled passengers, refuse rides to unruly passengers, stay on schedule, obey all traffic laws, and enforce all City Transit Passenger Rules/Contractor Passenger Conduct (Exhibit G). Drivers shall not smoke in the vehicles or allow passengers to do the same. City shall have the right, contingent upon the Contractor's personnel policy guidelines, to ask for the temporary or permanent removal of any driver furnished by Contractor for any reasonable cause (not to be construed as requesting removal from Contractor's employment). Contractor shall submit a copy of its current personnel policy guidelines with this Agreement and any amendments thereto. All drivers shall be employees of Contractor and Contractor shall be solely responsible for payment of all employees' wages and benefits. Contractor, without any expense to City, shall faithfully comply with the requirements of all applicable laws with respect to employee liability, workers’ compensation, unemployment insurance and other forms of social security. Contractor shall also be responsible for withholding of income tax at its source from employees’ wages and, furthermore, the Contractor shall indemnify and hold harmless the City and the State of California from any liability, damages, claims, costs, and expenses of any nature arising from alleged violation of such laws. Contractor shall provide thorough training for all drivers for the proper performance of their duties. Contractor must have a training program encompassing the National Safety Council Defensive Driving Course. This program should also direct itself to dealing specifically with transporting the elderly and mobility impaired. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. This training program must be described fully and submitted to City for review with this Agreement for approval by the City. The Contractor shall require pre-employment medical examinations, including drug and alcohol testing, for all prospective drivers and other safety sensitive employees of the 106 7 Contractor. Any person who has not successfully passed such an examination shall not be permitted to operate a vehicle in any service performed under Agreement to the City. Additionally, the Contractor must have an anti-drug program established for employees under the congressionally mandated Drug-Free Workplace Act. The required anti-drug program would include, in addition to the pre-employment testing, testing after an accident, when there is reasonable cause, periodically, every two (2) years upon receipt or renewal of the Department of Motor Vehicles Medical Examiner's Certificate, and before returning to duty to perform sensitive safety functions after a positive drug test. The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace Act of 1988, by providing certification that (a) the drug free workplace actions shall be implemented, and (b) those actions are being/have been implemented. SECTION 7. BUS OPERATION RECORDS AND REPORTS The Contractor shall be required to maintain ridership and operations records for this service as deemed necessary by the City. The Contractor shall be responsible for submission of monthly service summary reports to the City. These reports, to be submitted by the Contractor within fifteen (15) days of the end of each calendar month, shall include, but not limited to, the following: A. Listing of all vehicles in service. B.Date, time, and length of time for any service disruptions. C.Corrective actions taken for breakdowns and roadcalls. D.A monthly summary of vehicle miles, vehicle miles since last preventive maintenance inspection, a list of any vehicle repairs made, number and length of time a backup vehicle was used, and vehicle roadcalls. E.Total passenger counts by demographic category and fare (student, adult, senior citizen, disabled, etc.) by day. F. Passenger counts by payment method (cash, one-way ticket, and discounted passes) by day. G. Missed or abbreviated route trips; unusual incidents while on duty. H. From time to time, at the City’s request, the Contractor shall record passenger activity per stop. SECTION 8. FARES The Moorpark Beach Bus is a general public transportation service and passengers must pay a fare. The Contractor shall collect fares in accordance with fare policies as set by the City. The fares collected shall be recorded and submitted to the City each service day along with the fare collection sheet for that day. Most excursion and charters sponsored by the Recreation Division, such as Camp Moorpark, Adventure Camp, and Active Adult Center will not have fares that the Contractor has to collect. 107 8 SECTION 9. CONTACT INFORMATION Contractor shall provide the City with emergency and after hours contact telephone numbers and pagers that the City may use as necessary to communicate with the Contractor after normal working hours. SECTION 10. RADIO COMMUNICATION The Contractor shall provide to the vehicles the necessary communication equipment to allow for communication between the driver and the Contractor's maintenance facility. The Contractor shall notify the City, at the first available opportunity, of any vehicle breakdowns or other problems that may cause schedule delays. SECTION 11. SPECIAL SERVICES From time to time the City may wish to expand the hours or the days of services to the community. With twenty-four (24) hours written notice, Contractor shall provide the special service using the Agreement vehicles, at the regular hourly rate. 108 ATTACHMENT A Charter Confirmation ITINERARY: The Contractor's driver will adhere to the following itinerary and provide the following Services. Any changes must be approved by a Contractor representative and may result in additional fees charged to the District. All itineraries are subject to review and approval by the Contractor. Contractor is not responsible for fulfilling itineraries developed by the District, which indicate a time that the District expects to arrive at certain locations after the initial pick up time. Type of Trip: __ Single Trip __ Round Trip __ Multiple Destination Pick Up Date: _______ Time ____ AM/PM Number of Passengers: ___ children adults Number of Buses: __ Type of Bus: _______ Air-conditioned: YIN Wheelchair Access: YIN (incl. storage) From: To: Departure Date: _______ Time: ____ AM/PM From: To: List any additional stops or destinations: PAYMENT: Full payment is due fourteen (14) days prior to the scheduled Pick Up Date. In the event that the scheduled Pick Up Date is less than fourteen (14) days from the date District schedules the Services, full payment, is due at the time of reservation. The Contractor reserves the right to cancel the Charter Service Agreement for non- payment. Deposit and payment must be made by credit card, cashier's check, money order or business check. Cash will not be accepted. District will be charged any and all fees due to checks returned for Non-Sufficient Funds ("NSF"). A final invoice will be sent to District for any additional charges or overages after completion of the trip. FEES: The District agrees to pay the Contractor the following fees: Rate for Services $ __ (per vehicle, per trip) Cancellation Fee 109 Additional Charges (parking, tolls, entrance fees, etc.) Cleaning Fee $ __ $ __ The fees for the Services are subject to the itinerary above and any changes may result in additional fees. There will also be a charge of$ per hour for any trip over __ _ ADDITIONAL CHARGES: The District shall be responsible for all parking expenses, tolls and park entrance fees at time of service. CANCELLATIONS: All cancellations must be made to the Contractor in writing. A fee of the lessor between $500 or the value of this Agreement will be charged for any District no-show on the Pick Up Date. Cancellations within twenty-four (24) hours of the Pick Up Date will be subject to any cancellation fee set forth above. RESPONSIBLE PARTY: The District identifies the following person to be the primary point of contact who will be available, if needed, during the charter trip. District Contact Name Title/Position Phone Mobile AUTHORIZED CONTACTS: The District identifies the following person(s) as additional authorized contacts as it relates to the itinerary and Services. District Contact Name Title/Position Phone Mobile District Contact Name Title/Position Phone Mobile District Contact Name Title/Position Phone Mobile District's authorized signature below demonstrates full acceptance and acknowledgement of the terms and conditions of this Charter Confirmation and the Charter Service Agreement between the District and the Contractor. Authorized Signature Print Name/Title Date Signed 110 EXHIBIT C PROPOSAL COST FORM AND ADDENDA FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES In response to the Request for Proposals for Bus Excursion and Charter Services from the City of Moorpark, the undersigned agrees to provide services in accordance with these Documents, which have been carefully examined. The City, at its sole option, may contract with more than one bus operator or expand or reduce services during the term of the Agreement. Pricing shall not be adjusted if services in the Scope of Services (Exhibit B) are reduced or expanded during the term of the Agreement. If Contractor has rates that are based on specific vehicle type, Contractor shall provide a Cost Form for each identified vehicle type. Cost – Bus Excursion and Charter Services. Bus Excursions and Charter Services- Cost Per Hour Five (5) Hour Cost Each Additional Hour Year 2023 2024 2025 Indicate if Public Utilities Commission Fee of one quarter of one percent (0.25%) of daily rate is included in pricing above (circle one): YES NO The undersigned understands that any conditions placed on the items stated above, clarification made to the above, or information submitted on or with this form (other than that requested) shall render the proposal unresponsive. If awarded the Agreement, the undersigned hereby agrees to sign said Agreement and to furnish all necessary certificates. PROPOSER: CONTACT: TITLE: ADDRESS: TELEPHONE: EMAIL: SIGNATURE: TITLE: $102.05 $510.25 $81.60 $107.15 * $535.75 $85.68 $112.50 * $562.50 $89.96 Durham School Services, L.P Paul Egger VP, Charter 2601 Navistar Drive, Lisle IL 60532 714-257-7936 Pegger@durhamschoolservices.com VP, Charter *Rate to be confirmed based on market condition. 111 EXHIBIT A March 19, 2020 Mr. Shaun Kroes City of Moorpark Public Works Department 799 Moorpark Avenue Moorpark, CA 93021 Mr. Kroes, national express. charter Litk DURHAM" SC "OO l S ll Y IC la Durham School Services is pleased to submit the enclosed response for the City of Moorpark's for Bus Excursions and Charter Bus Transit Services. I am confident we continue to be the right choice to provide your passengers with safe reliable transportation . My name is Paul Egger, I will be your point of contact for this proposal. Paul Egger Senior Director, Charter 2713 River Ave Rosemead, CA 91770 Paul.egger@NELLC.com 714.267.7936 We are proud to have been your partner since May 26, 2017, and appreciate the opportunity to continue to serve the City of Moorpark and its community. With over 100 years of experience, and partnerships with more than 400 school districts and municipalities across the United States, we continuously strive to maintain the highest safety standards, service and accountability. Our customer retention rate is one of the highest in the school bus transportation industry and it didn't happen by chance . We believe our personal attention to our partners' needs, our commitment to safety and our customer service philosophy and practices are the reasons our clients are satisfied. Our proactive approach to superior customer service sets us apart from the rest. Thank you for the opportunity to continue our mutually beneficial partnership. Resm~ P ~ger Senior Director, Charter national express. I charter 2713 River Ave I Rosemead, CA 91770 I P: 714 .267 .7936 I Paul.Egger@NELLC.com I durhamcharterservices .com FULL-SERVICE TRANSPORTATION• ROUTE OPTIMIZATION AND SCHEDULING• SPECIAL NEEDS EXPERTISE• CHARTER BUS SERVICE 112 DURHAM SCHOOL SERVICES City of Moorpark Department of Public Works Request for Proposal Bus Excursions and Charter Bus Transit Services Table of Contents Executive Summary ........................................................................................................................ Tab 1 Proposal Cost Form and Addenda (Exhibit C) ........................................................................... Tab 2 Proposer Reference Forms -Parts I and II (Exhibit D) .............................................................. Tab 3 Vehicle Identification Forms (Exhibit E) ..................................................................................... Tab 4 List of Subcontractors (Exhibit F) ................................................................................................. Tab 5 Required Insurance Documentation ............................................................................................ Tab 6 • Current Certificate of Insurance • Additional Insured/ Additional Insured Endorsement • Waiver of Transfer of Rights of Recovery Against Others to Us Proposer Supplied Additional Information ............................................................................... Tab 7 • Company Overview • Safety • Hiring, Training, Retention • Deviation and Exceptions • City Responses to Questions Submitted Per the instructions in the RFP, the documents submitted in this proposal by Durham School Services are printed on recycled content paper (minimum of 30% post-consumer recycle content). 113 national I _At1_ express. DURHAM school l(HOOI HUICU Executive Summary Durham School Services is pleased to submit the enclosed response to the request for proposal for Bus Excursions and Charter Bus Transit Services for the City of Moorpark, Department of Public Works. Continue to experience The Durham Difference® as you have the past three years! Great service, experience, our people and employee compensation that works! As you are aware, we have a rich history of providing student transportation services; we can trace our history back to 1917 to a three-bus company started in the San Gabriel Valley of California. The company provided pupil transportation service to the Rosemead School District, a community we still serve today. Durham School Services has a strong record of success and decades of experience in student transportation. We are confident we can continue providing exceptional service to your district. We will remain continually focused on delivering our service promise: Getting students to school safely, on time and ready to learn®. Our mission is to deliver service excellence to earn the partnership, loyalty and trust of our customers and employees. Proposed Benefits As a student transportation provider for more than 100 years, our experience has led us to become an industry leader capable of offering our customers an unmatched level of service. Our transportation services include a wide range of tools including the latest, and we feel most effective, safety monitoring tools and equipment today, because student safety is our priority. Our proposal includes the following benefits: Q Minimized risk of disruption to service due to changing contractor. Q Durham has included DriveCam cameras on each bus. Q Zonar EVIR/GPS in each vehicle. CITY OF MOORPARK -PUBLIC WORKS DEPARTMENT I MOORPARK, CA Request for Proposal for Bus Excursions and Charter Bus Transit Services 1 I P a g e 114 national I ~ express. o u R H A M" school ICHOO\ U •VI Cll Q Receive access to our proprietary suite of safety technologies that is unmatched in the student transportation industry today, including Zonar ®, Lytx DriveCam ®, Fogmaker North America, and BusReport ® --all included in your transportation program with Durham. Q We use a 13-touchpoint Zonar ® inspection tool for each pre-and post- trip inspection to monitor both vehicle maintenance and to perform diligent child checks . Q Lytx DriveCam ® is now offered to our customers as a complimentary safety data collection tool. We are the only provider in the industry to equip each of our buses with DriveCam ® technology. DriveCam ® is a windshield -mounted camera that records both the driver and the road in the event of a hard brake, sudden swerve or rapid change in speed. This greater visibility into driving behavior is reviewed by our safety team and additional training is provided to our drivers as needed. Q Through an exclusive contract, Fogmaker North America fire detection and suppression technology will be available on all Durham buses by the end of 2019. Fogmaker uses a high-pressure water mist system, which rapidly reduces heat and suppresses a vehicle fire in seconds. Q BusReport™ is our proprietary cloud-based reporting tool where we receive both compliments and complaints from the customers, parents and communities in which we operate. Feedback is recorded in real -time ( and a timely response is provided. The feedback we receive is directly related to our performance -improvement plan for driver training and vehicle maintenance. The Durham Difference® is: EXCEPTIONAL CUSTOMER SERVICE Our managers are constantly faced with the challenge of providing exceptional customer service. This is what sets a contractor operated bus system apart from a public system. We must remain vigilant to seek efficiencies and pass along the benefits in order to keep costs down and ensure value for every dollar spent. This way you can be assured that you are best spending your precious tax dollars. 2 1 Page CITY OF MOORPARK -PUBLIC WORKS DEPARTMENT I MOORPARK, CA Request for Proposal for Bus Excursions and Charter Bus Transit Services 115 national I _At1_ express. o u RH AM school t(llOO \ HlVIC U Executive Summary Honesty, accountability, and transparency are how we approach all matters. We will continue to work with the City of Moorpark to uncover problems and issues for resolution and constantly communicate with you during all steps of the way. We are a company that is willing to work with you so that together we shall continue to exceed the student transportation expectations of your school district. At Durham, we believe the customer is the heart of our business. We understand your district's need to continue to have affordable yet dependable student transportation services. SAFETY IS ALWAYS OUR FIRST PRIORITY The safety of each student and employee is our first commitment and Durham School Services knows there is no substitute. We constantly strive to find the safest way to operate, not the most expedient or least expensive. The best trained drivers in the business work for Durham. Buses are built with safety in mind, but it is the drivers who make the buses safe. We are committed to continually developing innovative training strategies and programs designed to keep the safest drivers operating our buses. We understand the importance of what we do, and we work tirelessly to ensure safety is our first priority. HIGH CALIBER LOCAL LEADERSHIP The Durham Difference®-Our vision is to deliver service excellence to earn the trust and loyalty of our clients, customers and employees. Durham empowers local management to make decisions that positively impacts the customer service and satisfaction with both the school district and the community. Q Our vast network of additional Durham School Services' customer service centers located in California provides us with greater flexibility and added available resources if needed. CITY OF MOORPARK -PUBLIC WORKS DEPARTMENT I MOORPARK, CA Request for Proposal for Bus Excursions and Charter Bus Transit Services 3 I P a g e 116 Proprietary Suite of Safety Technologies ZONAR® GPS AND EVIR SYSTEM We have partnered with Zonar systems for GPS technology equipped with an electronic vehicle inspection system. Drivers use Zonar's electronic vehicle inspection system to complete the bus's pre- and post -inspection. Each zone must be checked before and after route service. During the inspection, the zone's information is automatically uploaded to Zonar's ground traffic control application and alerts operations if an inspection is incomplete. We are one of a few school bus transportation providers that equip buses with a total of 13 Zonar zones, three of which are child check zones. DRIVECAM® Durham is the only provider in the industry to equip each of our buses with DriveCam® technology. This value-added benefit allows us to better manage driver behaviors and enhance our ability to resolve concerns. FOG MAKER Z NAil INSPECl • TRACK• KNOW 0 S!ep 1 laeo1 ~Y Y 0111111! l0911 S•ep l Se•ec1 lt'l l!'IWKl·on Step l loeoc1l~tl1eVtthicft Step 4 Ptr10rm llleln1P«hOl'I •l• ... gJ;~~; . . . . . . . . •.... ~ -===:)··· #.tu . .... llf.AalfGHajO national express In the event of a fire, Fogmaker North America's unique environmentally friendly (no HAZMAT) water mist cooling reduces temperature by 1321°F in less than 10 seconds. In addition to increased student safety, a key benefit to your district is less vehicle downtime. Fogmaker's water mist spray makes engine clean-up easier. Chemically based systems can be very corrosive and abrasive to engine parts and those chemicals can damage electronic systems causing costly repairs. BUSREPORT™ Bus Report captures, distributes, researches, and responds to feedback received in real-time from our customers, parents and communities in which we serve . 4 1 Page CITY OF MOORPARK -PUBLIC WORKS DEPARTMENT I MOORPARK, CA Request for Proposal for Bus Excursions and Charter Bus Transit Services 117 national I~ express. DURHAM school iCMOOt llO!Ctl Executive Summary When an email address is entered, we will provide updates throughout the review process. Core Values Our five core values are focused on safety, customers, people, communities and excellence . We live these values throughout the organization. Nobody else will try harder for our customers than we do. As you will read in our proposal, our company's number one priority is getting children to school safely, on time and ready to learn®. A Team You Can Count On Durham School Services has a wealth of experience, serving more than 400 educational partners across the United States. We understand the challenges of running a student transportation program and are committed to working in partnership with the districts we serve . Our local team will work diligently to build solid relationships with administrators, teachers and drivers while providing the best possible service to the students. We plan to become active members of your community, and we will make every effort to support local initiatives. We are delighted to be considered to provide professional services to your district and are confident we can provide outstanding services to your students, your district and your community . Should you have any further questions regarding this proposal, please contact Paul Egger, Senior Director, Charter, West Area at (714) 267-7936. Our company 's policies, programs and procedures included in this proposal are those currently in effect. We reserve the right to revise our policies, programs and procedures over time. CITY OF MOORPARK -PUBLIC WORKS DEPARTMENT I MOORPARK, CA Request for Proposal for Bus Excursions and Charter Bus Transit Services s I P a g e 118 DURHAM® SCHOOL SERVICES Company Overview 119   1 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Company Overview Durham School Services can trace its history back to a three‐bus company  started in 1917 in the San Gabriel Valley of California, providing student  transportation service to the Rosemead School District, a community we still  serve today. In its early years, Durham concentrated in special education  transportation. This specialization has helped us to nurture a unique  commitment to quality service that remains throughout our company today.  Headquartered in Lisle, Illinois, Durham School Services is part of the school bus  transportation division of National Express LLC (NELLC). National Express Group  (NEG) is our parent company and is located in the United Kingdom.   Our Company’s Vision and Values VISION Our vision is to deliver service excellence  to earn the partnership, loyalty and trust  of our customers and employees.   With combined resources, our organization operates more than 15,500 school buses, employs more than 19,500 people, and serves more than 400 school districts in 30 states and three provinces. NELLC Corporate  Headquarters Located in metro Chicago  120 2 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT | MOORPARK, CA  Request for Proposals for Bus Excursions and Charter Bus Transit Services  VALUES Durham School Services is pleased to have the opportunity to partner with your  district; we are committed to serve you safely and to provide the personal  attention you need for successful transportation services. Our operations focus  on our five core values: Safety, Customer, People, Community and Excellence.  Safety Safety Performance No one takes safety more seriously than  we do; our goal is zero accidents. With  collaborative support from our employees,  we have created a safer atmosphere by  encouraging open discussions on safety  concerns and by hiring strong managers  who make sure employees have the  appropriate training and equipment to  safely perform their jobs.  Customers Retention Our customer retention rate is one of the  highest in the school bus transportation  industry; we’re proud to have maintained a  high level for the past several years. We  believe our personal attention to our  district partners’ needs, our commitment  to safety, and our customer service  philosophy and practices are just some of  the reasons our customers are so satisfied  with us.   Exceptional Customer Service Our vision is to earn the lifetime loyalty of each district by delivering safe, high  quality, passenger transport services.   We will work closely with you and are always open to suggestions to ensure your program is the best it can be. Our goal is to deliver a smooth and seamless partnership between your district and Durham School Services. 121   3 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Company Overview People We Are a People Business From the students and passengers we  transport safely every day to our  outstanding team members making a  difference in the communities where we  live and work, it’s all about people.  Enjoy the Ride Program We know how important our people are to  the success of our organization. Our  employee relations program, Enjoy the  Ride, was designed to acknowledge the effort and contribution employees make  to our company every day.   Employee Diversity Our company has a long history of employing a diverse workforce. Our focus is  treating people with trust and respect and never tolerating discriminatory  behavior. Through our equal employment opportunity policy and management  training program, managers and supervisors are well versed in our zero  tolerance nondiscrimination policies.  Community Communications and Social Media POSITIVE DISTRICT RELATIONS Our communications department works  closely with districts to publicize important  news affecting local school bus services.  We are responsive to newspaper, radio and  television media, and have a history of  success at improving the public image of  school bus transportation.  SUPPORTING YOUR DISTRICT’S EVENTS We look forward to supporting your district’s community events and district  projects. Our community involvement includes donating buses, collecting goods  for families in need and active participation in local charity events in your  community.  122 4 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT | MOORPARK, CA  Request for Proposals for Bus Excursions and Charter Bus Transit Services  COMMUNITY SPOTLIGHT: OUR STATE CUSTOMER SERVICE CENTERS GIVE BACK TO THE COMMUNITY Thousand Oaks CSC: We donated a bus to the “Touch‐A‐Truck” event in Simi  Valley on December 7th.   In December, we donated a bus to take residents from the Lighthouse Women’s  Shelter to a Holiday dinner and play.   This summer, we donated a bus to take people who lost homes in the Woolsey  fire to a Dodger game.   Pomona CSC:  Partnering with Pomona Unified School District.  Pomona CSC Staff  and drivers adopted three (3) families in need from the Pomona Unified School  district.  Our staff is informed about what the needs are directly from the  families, their wish list identifies needs (and wishes) related to household  supplies, personal care, clothing and more.  Irvine CSC:  This location participated in the “Stuff the Bus Toy Drive” with ABC 7  on December 13, 2019. They provided 5 full‐size busses for the OC Stuff the Bus  Event with ABC7 News.   Grass Valley CSC:  “Shop with a Cop”.  A bus is donated and drivers volunteer  their time.  They partner with local law enforcement to take foster children to  shop for Christmas gifts. Then the fun continues to IHOP for breakfast with a  surprise visit from Santa.   123   5 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Company Overview Rosemead CSC:  Partnered with the East San Gabriel Valley SELPA, we purchased  and donated unwrapped toys for the “Stuff‐the‐Bus” Toy Drive held on  November 20th at Covina‐Valley Unified School District Office.  Santa Ana CSC:  CENA (Caring Educators Nourishing All) Event partnered with  Santa Ana Unified School District on 12/24/2019. This is a tradition that the  District has had in place for more than 25 years.  Approximately 54 Durham  Volunteers, including Santa Ana employees and their families, along with Liz  Sanchez (West Area COO), Dave Collins (Region Manager) and their families,  helped on the morning of Christmas Eve at Valley High School in Santa Ana. This  included providing a warm holiday meal, toys and books to hundreds of students  and their families.    124 6 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT | MOORPARK, CA  Request for Proposals for Bus Excursions and Charter Bus Transit Services  SOCIAL MEDIA We understand the importance of social media and the expectation for company  information to be available online and in real‐time. We encourage district  administrators, parents, employees and the community to join us to learn about  job fairs, community events, awards and employee recognition programs.  Facebook: www.facebook.com/DurhamSchoolServices  LinkedIn: http://www.linkedin.com/company/durham‐school‐services   Twitter: @DurhamSchoolSvc  YouTube: http://www.youtube.com/user/DurhamSchoolServices  Instagram: https://instagram.com/durham_school_services/  Website: www.durhamschoolservices.com  Community Diversity MINORITY BUSINESS ENTERPRISE PARTICIPATION Our company is proud to support local minority‐owned businesses and vendors.  We will, in good faith, continue to support minority businesses within your  community.  Excellence As part of our commitment to excellence  and continuously increase our value  offering to our customers and employees,  we have a dedicated organization focused  on driving efficiencies throughout our  organization, embed best practices and  sustain a culture of innovation. Our  management operating system  incorporates lean and six sigma  methodologies to constantly identify and  eliminate barriers to performance  excellence and empower our employees to provide the best in class service to  our customers.  Taking Maintenance Excellence to the Next Level Maintenance technicians are a critical part of our mission to getting children to  school safely, on time and ready to learn®. Providing safe student  transportation starts with putting safe vehicles on the road. To foster excellence  in its maintenance operations, we support our maintenance professionals who  125   7 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Company Overview work to achieve master technician certification by the National Institute for  Automotive Service Excellence (ASE), an independent, non‐profit organization  that works to improve the quality of vehicle repair and service by testing and  certifying repair and service professionals.   As we continue on the path to excellence, our maintenance teams are taking the  extra steps towards becoming “the best of the best” by earning their ASE.  Individual maintenance technicians across our organization have put in the hard  work and dedication to complete a series of rigorous tests, ranging from body  systems and diesel engines to suspension and steering, to earn ASE master  certification. In addition to earning master certification, their respective  maintenance shops went even further to achieve ASE Blue Seal of Excellence –  the ultimate recognition from ASE.  At least 75 percent of technicians performing diagnosis and repairs at our  customer service centers must be ASE certified in order to qualify for the ASE  Blue Seal of Excellence Recognition Program. Each area of service offered in the  maintenance shop must be covered by at least one ASE‐certified technician.  126 8 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT | MOORPARK, CA  Request for Proposals for Bus Excursions and Charter Bus Transit Services  Illinois Performance Excellence Center (ILPEx) for Commitment to Excellence 2016 AND 2015 BRONZE AWARDS National Express LLC was selected for this award based on our demonstrated  commitment to excellence and our pursuit of continuous improvement. This  recognition is especially meaningful as organizations can take many years to  achieve this honor. In the beginning of November 2015, a team of assessors  spent an entire week in our corporate headquarters and also visited our Aurora,  Lake Villa and Carpentersville customer service centers, speaking to over 100  team members. During the visit, the assessing team dug into the details of our  business and assessed the extent to which we demonstrate excellence; our  business was assessed using the Malcolm Baldrige Criteria for excellence.  The ILPEx assessment was a review of our organization’s continuous  improvement efforts. This recognition not only confirms our improvement from  2011 to 2016 but validates the journey to excellence that we continue to travel.  “We are committed to the success of our partnerships and continue to strive towards excellence in everything that we do.” –Judith Crawford, EVP, Commercial Development  127 128   1 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety Our Safety Culture There is nothing more important to us than safety, one of our core values. Our  safety statistics are the result of a rigorous safety culture. Through effective  employee screening, continuous training, the use of prevention tools and  communicating daily safety messages to our employees, we continually strive to  improve our safety performance.   An effective safety program must encompass all aspects of transportation,  including operations, training, maintenance, and administration, while remaining  focused on people, students, employees and the public. Our number one  responsibility is to protect against harm and to give our customers the  confidence that we will provide safe and reliable service every day. Our  combined safety and training programs are the tools and resources we use to  provide continual safe and efficient operations.   Our safety program components are as follows:  Employee screening  Drug and alcohol testing Physical Background check Fingerprinting (as required by state) Motor vehicle report Employee safety inventory (ESI) assessment Tools and technology Electronic child check Global positioning satellite (GPS) Electronic vehicle inspections Interior systems Student tracking Nothing is more important than student safety. 129     2 | Page  CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  Training   Onboarding    Ongoing driver, monitor and technician training  Driving Out Harm 12‐step program  OSHA compliance   Self‐audits  National affiliations  Emergency evacuations    OUR PREVENTION TOOLS AND TRAINING We use prevention tools, strategy technology, and extensive training on accident  and incident prevention to help develop the right employee behaviors.    Electronic Child Check Drivers and bus monitors must complete a thorough check for sleeping children  on the bus at the end of each route and prior to leaving the bus at any time. Each  driver and monitor must sign a pledge committing to this responsibility. Failure  to comply with this policy will lead to disciplinary action; if a child is left  unattended, the driver and bus monitor (if present) will be terminated.    To ensure compliance with this  policy, our buses are equipped  with Child Check‐Mate, an  electronic child check system  from Zonar® that includes an  RFID tag in three locations  inside the bus to certify that  drivers conduct mandatory  child checks at the end of each  route. If the check is not  completed, the lights and horn  on the bus are activated as an alert.    Our child check policy and the use of  Zonar® helped discover 222 sleeping  children last school year.    GPS GPS technology provides real time tracking of bus location, direction, and speed.  It captures any travel variances from the planned route to actual, while storing  the data for review. In addition, GPS systems track idling and provide reports  130   3 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety such as on time performance and excessive speed. With near real‐time  information readily available, we are able to locate buses, re‐route or guide  around road conditions, and provide solutions to other issues that may arise.  EVIR System By law, each driver must complete a safety inspection, or daily pre‐trip, before  leaving the yard. Using our electronic vehicle inspection report (EVIR) system,  drivers are required to inspect the 13 check zones for any deficiencies the bus  may have. The EVIR system records the inspection results and transmits the  information to the maintenance shop for appropriate action.  Cameras Camera systems (where provided) allow us to protect students and communities  by keeping an eye on student behavior, driver behavior and the immediate  surrounding public. Our interior camera systems include one to four cameras  with digital video and audio recording (varies based on state laws). Exterior  cameras may be used in conjunction with local law  enforcement, where allowed, to catch drivers that illegally  pass a bus during loading and unloading.  Student Tracking As a value‐added service, we would be happy to discuss the capability to track  students with GPS using Zonar’s ZPass student tracking system. This system  allows us to determine if individual students are on a bus at any given time and  to track where students get on and off the bus. In conjunction with GPS, the  technology may be used to locate children in the event of an emergency. The  system requires each student to carry a card that contains a radio frequency  identification (RFID) chip. The RFID card must be swiped at the card reader as the  student enters or exits the bus. If a student boards the wrong bus, we can  quickly determine which bus they are on or the bus stop where they left the bus.   We will work tirelessly to ensure students are always safe! 131 4 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  Prevention Training LLLC Defensive Driving™ The LLLC (Look ahead, Look around, Leave room, Communicate) defensive  driving principles are tools drivers learn to avoid accidents and to be prepared  for various traffic situations. These principles help to maintain a safe amount of  room around the vehicle, improve visibility and provide extra time to make  decisions while driving.  Student Management Training and Bus Safety Training Some of the most important aspects of our training program are student  behavior management and student safety training. For the safety of all  passengers and any interaction we may have with the public, our drivers are  trained to deal with problematic behavior that may put others at harm. We offer  safety training for students including the bus’ “Danger Zone,” emergency  evacuations and safe riding procedures.  Please refer to our employee training section of our Hiring, Training and  Retention tab (located after this section) for further details on our bus safety and  student discipline principles.  OUR COMPANY’S DRIVING OUT HARM PROGRAM Driving Out Harm is our principal safety program. It aims to educate all  employees on how important it is to drive out all risks of harm to our customers,  employees and others affected by our business. We are all leaders in safety at  Durham and have personal responsibility for safety in the workforce and safety  on the roads. Through our 12 Global  Standards, we identify all national and  local requirements, appropriate levels  of management and supervision, and  expect all levels of personnel to  manage our health and safety policies.  We feel confident that our program is  a significant distinction from all other  school bus providers and is an ideal fit  for your district’s expectations.  132   5 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety 1 Competence and Fitness of Bus Drivers We believe the most important risk control is the competence of our  drivers.   Our minimum standards include:   Driver selection and recruitment qualifications  Core skills training  Competence assessment  Physical capabilities and drug and alcohol testing  Refresher training  Monitoring  Defensive driving  Pre‐ and post‐trip inspections and recordkeeping 2 Competence and Fitness of Maintenance Staff Our maintenance personnel also play a critical role in the safety of  our operations.   Our minimum standards include:   Selection and recruitment for high performing maintenance  personnel  Maintaining work competence through training and  management  Maintaining physical fitness to safely perform the job  Identifying activities which have potential to affect safety  Recordkeeping 133 6 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  3 Competence and Fitness of Other Staff Personnel All managers and supervisors have a role in leading safety, as well as  a personal responsibility to act and work safely.   Minimum requirements for management and other supervisor  personnel include:  Hiring and placement  Training  Competence management  Physical fitness to perform minimum duties  Recordkeeping  DRIVING OUT HARM: EMPLOYEE’S GOLDEN RULES  We believe each staff member is a leader in safety regardless of title.  Managers are responsible for reminding staff of the rules that have  the most important impact on risk control associated with their roles  in company and personal safety.   Separate rules have been assigned to drivers, maintenance staff and  operations staff. Each employee is given a reminder card of their  Golden Rules.  This program:   Aims to ensure that safety is always front of mind so that we  achieve a safety record which is best in class among transport  operators.  Our aim is to drive out all risks of harm to our customers, our  colleagues and others affected by our business.  4 Drugs and Alcohol Our drug and alcohol standard requires screening personnel in safety  sensitive positions up to, and including senior management. Every  employee is tested prior to employment, following incidents or  accidents, and we also conduct DOT random drug screens.  134   7 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety 5 Safety of Vehicles – Buses Maintenance and procurement personnel are responsible for all  vehicle specification standards and safety requirements.  Maintenance policies require compliance with all manufacturers’  specifications and other federal, state or local standards. Safety  requirements also include route risk or emergency procedures  associated with any danger that may cause harm to students, drivers  and monitors, and any member of the public with who we may be in  contact.  MAINTENANCE OEM STANDARDS  We use well‐known, qualified original equipment manufacturer  (“OEM”) vendors whose industry standards surpass many federal,  state and local regulations. We work with OEM vendors such as  Bridgestone, Goodyear, Interstate Battery and ArvinMeritor for our  parts inventory, ensuring that we use the very best equipment for  our vehicles.   EMERGENCY ACTION PLAN AND INCLEMENT WEATHER  The emergency action plan is designed to ensure employee safety  from security threats, fires, natural disasters and other emergencies.  Our safety response guide is used as a reference for local  management to address these types of emergencies. Each location is  responsible for completing an emergency action plan training guide  to address situations specific to their location.    Examples of location plans may include:  Fire Bloodborne pathogens  Mechanical breakdowns       Bomb threats  Crime in progress Inclement weather 135 8 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  6 Safety of Premises (Workplace) Our employees, visitors and contractors have the right to work in a  safe and well‐managed environment. All potential hazards must be  identified, recorded and risk controls implemented to eliminate or  reduce risk.  We require monthly facility inspections and risk assessments are  made for:  Design layout and modifications to premises  Fire safety equipment  Exit routes  Working at heights  Slips, trips and falls  Fuel storage and other hazardous materials  Personal protective equipment (PPE)  Safety inspections  DESIGN, LAYOUT AND MODIFICATION OF PREMISES  The following risks must be assessed, recorded and inspected for our  premises.  Pedestrians and vehicles must be segregated using  designated walking routes. This includes the use of one‐way  systems, minimizing reversing moves, and design of parking  arrangements such that people and vehicles are segregated  where possible.  Operational areas must be visibly designated with signs.  Walkways must be marked and used within all operational  areas and kept clear of tripping or slipping hazards.   Maintenance areas must be clearly designated with signs.  All low ceilings, beams and objects must be visibly marked.  Fire exits must be clearly marked, safe and hazard free exit  routes must exist, and fire safety equipment must be located  in a suitable place.  TOOL AND EQUIPMENT MAINTENANCE  Defective tools can cause injuries. It is vital that workers properly use  the tools and equipment, and that the tools and equipment are  properly inspected, maintained, not altered or modified in any way,  and kept in good repair. To ensure safe use of hand tools, our  136   9 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety employees are trained to never use a defective tool, to inspect all  tools prior to use, and to ensure defective tools are repaired or  discarded. Air, gasoline or electric power tools require skill and the  operators’ complete attention, even when they are in good  condition.  STORAGE AND HANDLING OF HAZARDOUS SUBSTANCES  Risks associated with the storage and handling of all  hazardous substances must be carefully controlled. This  applies to all of our premises – maintenance shops, parking  lots and office buildings. The control of such substances is  subject to federal and state regulations; compliance is  mandatory. Hazardous substances can be solids, liquids,  gases, fumes or dust that can cause harm to people; including  substances that are flammable, explosive, corrosive, toxic or  that can otherwise cause ill health or harm.  Examples of hazardous substances we monitor are:  Fuel (diesel, petrol, LPG)  Acetylene cylinders  Oil and other lubricants  Glues, inks and detergents  Cleaning products (bleach, toilet cleaner and polishes)  Dirty water (e.g., in pits and drains)  Paints and varnishes  Fumes from engines  Fumes from welding  Dust from cutting  The following procedure for storage and use of hazardous  substances must be followed: identify hazardous substances, identify  the tasks that use these substances and how employees might be  exposed to hazards from them, reduce potential exposure, and  check and maintain hazardous substances.  HAZARD COMMUNICATION PROGRAM (HAZCOM)   Our hazard communication program complies with OSHA’s five key  elements:  Hazardous material inventory – Maintaining a list of all  hazardous materials on hand.  137 10 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  Safety data sheets (SDS) – SDS collected and maintained for  all hazardous substances used or stored at the facility.  Labeling –Labeling hazardous materials in order to identify  the material and warn of its potential hazard to employees.  Training – Training employees to identify and work safely  with hazardous materials.  Written program – A written program developed  encompassing all of the items noted above.  7 Risk Assessment  Risk assessments are an essential part of how we manage safety in  all of our activities; it allows us to understand the potential for harm  arising from these activities and to plan and implement effective  controls to minimize harm to all employees, passengers and  members of the public.  ROUTE RISK ASSESSMENT  Route risk assessments are designed to identify locations on the  route where particular hazards exist, or specific times where hazards  may be more likely to arise. The risks identified on this assessment  are used to implement risk reduction controls.  8 Personal Protective Equipment (PPE)  All employees are required to be equipped with PPE, including eye  protection, ear plugs, protective clothing and high visibility vests to  be worn in assigned areas (designated by posted signs).  HIGH VISIBILITY APPAREL  High risk locations such as parking areas and maintenance shops  have the potential to become hazardous. Risk levels increase in times  of limited daylight and adverse weather. We require the use of high  visibility clothing in an effort to protect our employees and visitors.  138     11 | Page  CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety 9  Accident and Incident Investigation  Reporting of accidents and incidents and an effective investigation  process are vital to determine the causes and to identify controls to  prevent recurrence. We are staffed with professionals who conduct  investigations, reporting, data analysis and recordkeeping.    ACCIDENT AND INCIDENT REPORTING  Timely and accurate reporting of all accidents and incidents is  critical. Reports contain structured and completed information for  each accident to allow comparisons, metrics and identification of  trends during the review process. Compliance with relevant legal  requirements for accident and incident reporting to external bodies,  e.g., regulators, insurers, etc. is mandatory.    ACCIDENT AND INCIDENT INVESTIGATION  Our effective accident or incident investigations follow a defined  process and are led by our experienced safety and legal/risk  management team. If a major accident or incident occurs, we comply  with statutory regulations that require a formal investigation.    ALLOCATION OF ACCIDENT INVESTIGATION RESOURCES  The legal/risk management department will direct whether the  following resources will be dispatched for investigation, depending  on federal, state and local regulations in conjunction with our own  accident investigation level procedures.    Senior management may go to the scene to provide moral  support to staff and customers.  The local area director of safety may be present to review the  employee file, oversee the local investigation and determine  if safety guidelines were followed.  The maintenance department may review records on the  vehicle to determine if the vehicle was in good mechanical  condition.  Legal counsel may be consulted.  Claim vendors may be notified to dispatch adjusters,  engineers, or contractors to the scene to assess damage.      139 12 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  REVIEW OF INVESTIGATION REPORT  Each investigation report must be reviewed by a local supervisor at  the customer service center who has not been involved in  conducting the investigation. This review process includes checking  recommendations are made, dealing with the underlying causes of  the accident, following the requirements outlined above, and  production of action plans outlining the execution of the  recommendations including timescales for execution and resource  allocation.   ACCIDENT LOG AND INCIDENT METRICS  A thorough process for implementing recommendations is  critical to help prevent reoccurrences. Once the accident or  incident has been reported and investigated,  recommendations are made and recorded on the safety  action log used to track actions to address the  recommendations. Incident metrics provide a means of  detecting trends or hazards which may otherwise go  unnoticed. Reviewing these metrics helps us to address  safety issues and to develop more precise risk assessments  and appropriate controls. 10 Incident Response and Management We understand that an effective response to an incident is critical to  the safety of all persons involved and to the prevention of further  harm. Our incident management teams are prepared to control the  situation and to immediately establish safe conditions,  communication and support.  ACCIDENT RESPONSE AND PROCEDURES  It is our goal to have a unified and consistent approach to accident  response and procedures. Accident response procedures begin  immediately with a report to dispatch to notify all appropriate  parties according to the severity of the accident. In the case of minor  or major injuries, or if children are on board, immediate notification  to the authorities will occur.  Employees are also required to contact our crisis hotline as part of  the reporting process so that we can troubleshoot any situation and  ensure that the proper response plan is crafted and executed. In  140   13 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety addition, each employee is trained to report the incident to our  insurance and claims administrator within 24 hours of occurrence.  Sedgwick, our third party administrator, manages auto and general  liability claims and workman’s compensation, working closely with  our legal/risk and safety departments to ensure that claims are  effectively managed.  ACCIDENT PROCEDURES  Our bus drivers are trained in this procedure for accidents, never  leaving the bus unattended.  Do not move the vehicle until directed to do so by the  authorities  Contact dispatch with the following information:  Bus and route number  Location of accident  License of other vehicle (if applicable)  Whether students are on board, and if so, notify state and  local police  Description of injuries and whether medical attention is  required  Number of students on board  Whether or not emergency vehicles are needed  Gather the required information for the accident report card,  including:  Name, address, and driver’s license number of other drivers  involved  Insurance company name and policy number  Name of investigating officer and agency  Distribute courtesy witness cards to any potential witnesses   Refer all insurance coverage questions to risk management  Assist law enforcement officials as necessary  At the return to the customer service center, give a complete  report to the supervisor  In accordance with all local laws and company policy, the  local manager/supervisor must arrange for the administration  of a drug and alcohol test on the vehicle driver.  141 14 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  11 Safety Audit and Management Checks All areas of our business are subject to safety auditing and  management checks. Safety audits are completed by area directors  of safety; results are then analyzed and recorded by our local teams  and local safety committee.  SAFETY AUDITING  Our audits give us the assurance that standards for safety are  delivered according to requirements, and that the requirements are  effective and appropriate. Auditing provides a basis for updating our  safety management requirements to reduce risks in our business.  Where there are unsafe or potentially unsafe working practices or  conditions, these checks provide an excellent means for taking  immediate corrective action to reduce risk. Management checks are  mandated at all levels, providing a key component of safety  performance monitoring in all locations.  SCOPE AND APPLICATION OF REQUIREMENTS  Our standard establishes minimum requirements to be applied at  our locations to ensure safety audits and management checks are  undertaken in a consistent, rigorous, and effective manner. Audit  and management checks in this standard cover activities carried out  by our employees and our contractors, and include three tiers of  audit:  Management checks – Regular checks carried out by  management to ensure day‐to‐day activities are being  conducted safely and in accordance with standards, policies,  working instructions and procedures. Internal audits – Conducted in each customer service center  by functionally independent auditors, e.g., area director of  safety to check compliance with implementation of standards  and policies.  External audits – Commissioned to provide an independent  review of the implementation and effectiveness of safety  management policies. Audit reports are provided to us for  review. 142   15 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety 12 Safety Validation of Change We recognize that changes to your district’s transportation services  may introduce or increase safety risks if not carefully managed.  Managing risks associated with change involves determining the  level of safety required, any change process that may need to be  implemented and auditing for control.  OUR SAFETY COMMITTEE Each company facility will have an established safety committee – typically six  members including a member of the driver management staff, a maintenance  supervisor and a minimum of four drivers. Members meet monthly and when  needed to review accidents or injuries in a timely manner. Safety assessment  and auditing discussions will be kept on file at the facility for review by the area  director of safety and area management. The safety committee assesses and  audits accidents and injuries by:  Detecting and eliminating unsafe conditions, practices, procedures and  policies  Reviewing all motor vehicle accidents, determining cause and  recommending prevention measures with the direction and assistance of  SVP Safety and legal counsel if deemed necessary  Reviewing all employee work‐related injuries or illnesses, determining  cause and recommending prevention measures  Conducting regular safety inspections of the facility  Identifying physical hazards in the service area  Promoting safety awareness  Acting as role models through strict adherence to company safety  policies and procedures  Assisting the local management staff with the facility safety  communication program  Soliciting feedback and suggestions from employees and making  recommendations to management on safety and training issues  Recommending safety incentive programs  Recognizing safety accomplishments  Safety Committee Training The area director of safety assists with instruction. Training topics may include:   Determining accident/injury root cause  Safety incentive programs  Safety communication programs  143 16 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  Facility safety inspections  Hazard identification and correction  Safety policies and procedures  Group dynamics  OCCUPATIONAL SAFETY AND HEALTH ACT COMPLIANCE (OSHA) Per OSHA requirements, we provide our employees with a workplace free of  recognized hazards that have the possibility of causing an injury. We are  committed to providing a safe work environment and to complying with all  governmental safety regulations. Our safety programs and efforts comply with  the following OSHA requirements:  Provide well maintained tools and equipment, including personal  protective equipment.  Provide training on hazardous communications, bloodborne pathogens,  lock out tag out, accident investigation, safety committee development,  etc.  Maintain proper documentation of training to ensure training is current  and provided on a regular basis.  Conduct regular workplace safety inspections to identify potential  hazards and to develop corresponding action plans to remedy any issues.  Report within eight hours to OSHA any accident that results in a fatality  or within 24 hours the hospitalization of one or more employees.  Maintain an OSHA 300 log at each customer service center, updating as  needed. Post the log in each customer service center according to  required timelines.  Each customer service center will post the OSHA poster that informs  employees of their rights and responsibilities, and ensure that employees  are knowledgeable in communicating safety issues to local management  so they can be corrected in a timely fashion.  In addition, our team of area safety directors and corporate safety staff analyze  all injuries to develop safety programs in various areas including slip, trip, and  fall prevention and safe body mechanics.  AREA AND CORPORATE SUPPORT Certified Safety and Health Management (CSHM) Credentials All of our area safety directors have or are in process of receiving the Certified  Safety and Health Management (CSHM) certification, the only “safety  144   17 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety management” designation that is fully accredited by the Council of Engineering  and Scientific Specialty Board. The CSHM certification is by the Institute for  Safety and Health Management (ISHM), founded by the National Safety  Management Society as the credentialing organization to establish professional  standards.  Employee and Management’s Shared Safety Responsibility Our employees have the responsibility to ensure their environment is safe for  themselves and for the safety of the children they transport; we take injury  prevention very seriously. We give a  thorough training program for new  employees along with ongoing  training through monthly safety  meetings. We maintain each  employee’s focus on safety through  posters, daily safety messages and  contests.  Cooperative Effort We preserve and improve our safety  record through a cooperative effort  between supervisors and  employees, and between colleagues  at all levels to contribute to safe  working conditions and accident‐ free performance. Our area safety  directors and corporate safety staff  meet monthly to review trends,  discuss initiatives, and provide  training and share ideas and best  practices between customer service  centers throughout the organization.   Our safety professionals provide  support for each customer service  center in the following areas:  Training and developing  managers and supervisors  Promoting safety and developing company programs  Safety is one of our five core values and everyone who works for us will know what is expected of them. 145 18 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  Conducting a bi‐annual safety audit  Improving loss prevention by minimizing risk  We routinely hold company‐wide safety conferences. This event allows our  general managers to interact with area and corporate support staff and to set  safety expectations for the following school year. Breakout sessions are held to  provide guidance on safety initiatives and reporting requirements.  Safety meetings provide important information such as reviews of accidents,  outlining steps to prevent future accidents of the same type, recognition of safe  drivers, suggestions for promoting safety and identification of potential safety  hazards. Attendance is mandatory; attendance at a make‐up session is required  for any missed meetings. Unexcused absences may result in corrective action  including termination.  Safety Inspections Planned inspections assess implementation of safe arrangements on new or  current premises by confirming that hazards have not changed, specified control  measures are in place, there are no changes in the environment which could  adversely impact on risk and any unsafe acts.  Internal Inspections We have developed a comprehensive inspection program requiring each  customer service center to conduct a monthly internal inspection; results are  documented on a facility safety inspection form and corrective action plans are  developed to address deficiencies.  Risk and Safety Management Inspections Safety inspections will be conducted monthly by location management and at  biannually, by any member of safety management team. These inspections may  also be conducted by outside consultants or business partner vendors with prior  notification and authorization by risk and safety management. All safety  inspections are in compliance with DOT, OSHA and state school bus regulations,  along with our own policies at each operating location. In addition, we conduct  an annual review of all school bus legislative requirements to ensure we meet all  state laws, rules and regulations in each state of operations.  Executive Team Safety Tours Members of our executive team visit customer service centers with the purpose  of discussing safety initiatives and performance. These visits are informal,  146   19 | Page CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT |MOORPARK, CA  Request for Proposal for Bus Excursions and Charter Bus Transit Services  Sc h o o l  Bu s  Tr a n s p o r t a t i o n   Safety providing an opportunity for the local safety team to have an open dialogue with  our executive team members about safety at each of our locations.  Inspection Reports Inspections are recorded on the facility safety inspection form, including date  completed, name, location, and activities inspected. The location manager  maintains records of inspection schedules, checklists, reports, and monitoring of  corrective actions from the initial report to the final completion for audit  purposes. Inspection records are kept on file for two years.  NATIONAL SAFETY DEPARTMENTS AND ADMINISTRATION PARTNERS AND ASSOCIATIONS We continuously follow new safety initiatives, government safety training  seminars, and national safety groups. Below are a few organizations with whom  we are proud to be associated:  U.S. Department of Transportation  Federal Motor Carrier Safety Administration (FMCSA)  Occupational Safety and Health Administration (OSHA)  National Safety Council  National Association of Pupil Transportation (NAPT)  American School Bus Council (ASBC)  National Student Transportation Association (NSTA)  EMERGENCY EVACUATION PERFORMANCE When emergency circumstances arise in our communities, we are fully prepared  to engage in the evacuation procedures. Our emergency action plan and safety  response guides were developed to train our employees on how to prepare,  react and assess post emergency situations. The following are some examples of  how our managers and drivers used their training and knowledge to lend  support in a real life crisis.  Hostage Training West Bloomfield police lieutenant Mike Turner was shocked when he saw the  news story about an Alabama bus driver who was shot and killed while  attempting to stop a man from taking a student‐passenger hostage. Distraught  and concerned this same situation could occur in his small Michigan community,  Turner contacted our West Bloomfield CSC with an idea to raise community  awareness in relation to the Alabama incident. Turner realized neither the  147 20 | Page CITY OF MOORPARK –PUBLIC WORKS DEPARTMENT| MOORPARK, CA   Request for Proposals for Bus Excursions and Charter Bus Transit Services  special response team (SRT) nor the students in West Bloomfield had ever  simulated hostage situations on an actual school bus and asked for help with  coordinating such an exercise.    On the day of the training exercise, three Durham drivers, posing as passengers  and a bus driver, helped simulate a hostage situation as an “armed perpetrator”  on the school bus “forcefully” took students hostage. With Durham employees,  students and school staff watching in awe, the SRT demonstrated how quickly  they can access the bus, rescue the hostages and take the perpetrator into  custody. To make the simulation as realistic as possible, the SRT used a flash‐ bang, broke windows of the bus and pried the service door open. After the  demonstration, officers answered questions from simulation participants and  onlookers. This training exercise was so successful Durham and West Bloomfield  police have begun discussing the possibility of making this an annual event.    Active Shooter Event Response Shortly after receiving a phone call about police activity going on near the San  Bernardino CSC, Durham School Services learned of an active shooter situation  near the county building in close proximity to the facility.   A member of management contacted the California highway patrol (CHP) for an  update at which time Durham advised all units on route and those coming back  to the yard from their midday run to avoid the area and proceed to a park a few  miles from the location. Management, in following our emergency action plan  took steps to secure the CSC and satellite location a few miles away and advised  all employees to stay away from windows and doors.   Police and school district personnel contacted Durham requesting assistance to  help evacuate people from the county building. Four drivers volunteered and  were escorted by police, including officers in the buses during the evacuation  process. Durham School Services was in direct contact with CHP, the local police  department and the San Bernardino district office throughout the crisis event,  ensuring drivers, students and evacuees were safe.  148 149 1 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Employee Hiring OUR STAFFING PHILOSOPHY AND WORK CULTURE Durham School Services is not just another bus company. We differentiate ourselves by providing the best service to our customers while providing the best opportunities to our employees. Our approach is to treat both customers and employees as partners where we work to deliver on long-term commitments around goals, priorities and standards. We know our employees are the key to our success, so we give them every opportunity to develop and leverage their strengths. We provide employees with the following: Climate of trust and respect Commitment to safety through employee screening, training, technology and corporate support Open door policy Professional job-related training Competitive wages and benefits Career growth path PREFERENTIAL HIRING Durham will continue to hold hiring events for drivers and monitors at the hiring event, stations are set up for each part of the interview process. Key stations are: Welcome desk – Applicants sign-in and receive company literature. Applications – Employee applications are completed along with other necessary forms. We verify accuracy of the required documentation and gather any other needed information. Interview – All applicants will participate in a job-related interview with the general manager, safety director or other key personnel. Through effective employee screening, continuous training, the use of prevention tools and communicating daily safety messages to our employees, we continually strive to improve our safety performance. 150 2 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services ESI Assessment – All applicants complete our employee safety inventory which assesses the applicant’s tendencies and attitudes towards safety. Pre-employment screening – After a conditional offer of employment is provided, all applicants will be scheduled for necessary employment screenings which will include drug testing and physical examinations (required by company policy and DOT standards). Additional screenings may be required by the state including fingerprinting. Check out – We verify all information is accurate, discuss next steps and answer any remaining questions. From here, one of our project managers will assume responsibility for completion of the transition, ensuring that every task or item listed in the transition plan is completed on schedule. NEW HIRE AND FULL-TI ME POSITIONS Applicants who are interested in our full-time opportunities will complete an application and submit a resume that will be reviewed by the appropriate supervisor and recruiting team. Additional steps will include a behavioral -based interview and conditional offer of employment and completion of necessary background checks per company policy and state requirements. New hires are then placed into appropriate training and orientation sessions. All screening and assessments comply with federal, state and local regulations. RECRUITMENT Driver Selection and Performance Criteria We have expert driver recruiters to staff our operations at or above required levels at all times. Our recruiting professionals’ research market driven salaries from local and surrounding communities, including salaries from other industries which may compete for front line employees and uses this key information to ensure our salaries remain competitive in the market. To ensure we are always properly staffed, all locations have access to our comprehensive online recruiting toolkit named ADORE (Attract, Decide, Onboard, Retain and Engage). This toolkit includes templates, plans, videos, marketing materials and best practice samples of 151 3 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention how to effectively recruit our most important resource – our Drivers. Our corporate recruitment team will partner with local operations staff to develop a comprehensive staffing campaign, including appropriate print and online advertising, promotions with local vendors, and various other techniques customized for your community. Working closely with the local management team, we use a variety of recruitment techniques to attract employees from your local area: Community-based organizations including PTAs, churches, government agencies and local chamber of commerce groups Print and radio advertising in local media Advertisements at retail locations, community centers, retirement residences and veteran groups Onsite advertisements at local customer service centers Unemployment offices and various job training programs Direct mail to area households DRIVER SELECTION In support of our commitment to safety, we meet or exceed all required federal and state mandates for school bus transportation. The depth of our practice for checking employee criminal backgrounds, motor vehicle records and work history sets us apart from our competitors, both in the work environment we create and in the service we provide. HIRING REQUIREMENTS AND POLICIES We use an Applicant Tracking System (ATS) to hire all driver, monitor, maintenance and staff employees. Taleo allows us to drive a consistent hiring process that complies with all employment legislation. This ATS also allows us to evaluate our hiring effectiveness and provides us with key metrics to ensure we continually improve our overall recruiting efforts. Each new candidate must go through our pre-employment qualification screening. We have high expectations for our employees and look for the best to serve your district. We use a third party vendor, HireRight, an industry-leading, hiring process management and compliance company, to ensure the background checks, drug testing, DOT checks, physicals, driving records and other mandated background information is thoroughly screened for the most qualified candidates. 152 4 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Driver Qualifications The following are qualifications for employment as a driver with our company: At least 21 years old and have had a valid driver’s license for at least three years Complete an employment application, including acceptable employment references Participate and successfully complete a structured, behavioral-based interview Score acceptably on the employee safety inventory (ESI) Possess an acceptable motor vehicle report (MVR) (driving record abstract) Submit to and pass a background check with no criminal convictions for sex, drug, violent offenses or felonies Complete a physical examination Pass any additional state or locally required driver qualification checks (fingerprinting, child check registries, etc.) Successfully complete our company’s driver training program Satisfactorily pass a behind-the-wheel evaluation by designated evaluators Secure a commercial driver’s license with passenger endorsement Be properly licensed to operate a school bus in the state of employment Bus Monitor Qualifications The following are qualifications for employment as a bus monitor with us: At least 18 years old Complete an employment application, including acceptable employment references Pass a pre-employment drug test and physical examination Complete our training program and obtain any applicable state training certifications Pass a criminal background check Satisfactorily demonstrate job competency through an in-bus evaluation by designated evaluators 153 5 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Medical Assessments As a condition of hire, we require applicants for driving positions and non -driving safety-sensitive positions, e.g., mechanics and bus assistants, to undergo medical examinations to ensure they are physically fit for the job for which they have applied. At a minimum, medical assessments are given: At the driver and monitor selection stage Every two years for drivers Annually for drivers over the age of 65 where state and local laws allow frequency of medical assessments to be based on age Motor Vehicle Record Check We review each applicant’s and employee’s current motor vehicle report. At a minimum, applicants and employees in driving positions must meet the following standards for driving records: No driving while intoxicated or driving under the influence for at least 10 years No homicide, manslaughter or assault arising out of the operation of a motor vehicle No major violations within the past 36 months: Failure to stop at the scene of an accident (hit and run) Driving while license is suspended or revoked Possession of opened container of alcoholic beverages Reckless driving Speed contest, drag racing or attempting to elude an officer of the law Speeding ticket for driving more than 15 miles per hour or more over the posted limit Annual Review of Driving Record Driving records for each employee who drives a company vehicle must be obtained and reviewed annually. Driving records may be reviewed more frequently as required by state law or contract. As part of the review, the driving record is signed and dated by a supervisor and the employee. We meet or exceed all required state mandates for school bus transportation. 154 6 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Drug and Alcohol Testing Programs Our drug and alcohol testing program has been created to protect our customers, the public, and our employees. It mandates discipline up to and including termination. This program is intended to comply with all applicable state and federal regulations governing workplace anti-drug and alcohol abuse programs in the transportation industry. Our third party vendor, HireRight, has assigned a medical review officer to perform employee drug and alcohol testing mandated by the U.S. Department of Transportation (DOT) in 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” Drugs are prohibited in the workplace by “The Drug-Free Workplace Act,” located in 20 CFR Part 29. Accordingly, there are two specific drug and alcohol testing procedures outlined in our company’s drug and alcohol prevention program; we include DOT procedures and company procedures. The DOT procedures apply to employees and job applicants in safety-sensitive job functions, including all drivers and other employees who may operate commercial motor vehicles or perform safety-sensitive functions. Under the DOT procedures, testing will be conducted in the following instances: Pre-employment When a driver is involved in an accident that results in any of the following criteria: ➢Fatality ➢Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident and our driver receives a moving violation citation within eight hours of the occurrence ➢One or more vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle, and our driver receives a mo ving violation citation within eight hours of the occurrence Random testing. The DOT requires 50% of employees performing safety - sensitive functions to be tested for drugs; and 10% tested for alcohol annually; we exceed this requirement by randomly testing 55% of all employees performing safety-sensitive functions for both drugs and alcohol annually Any time there is reasonable suspicion of use When an employee performing a safety-sensitive function returns from a drug and/or alcohol treatment program, in which the employee would also be subject to follow-up testing 155 7 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention If circumstances do not warrant testing under DOT procedures, then the company’s procedures will be used as the secondary standard. Under the company’s procedures, testing will be conducted in th e following instances unless otherwise prohibited by state law: Post-accident, for any employee involved in the following: ➢Preventable street motor vehicle accident ➢Preventable third-party injury ➢Work-related injury or illness ➢Any time there is suspicion of drug or alcohol use When a supervisor, manager or company official questions an employee’s fitness-for-duty When an employee returns to work after a leave of absence of 30 days or longer When a safety-sensitive employee returns from a drug and/or alcohol treatment program, in which the employee would also be subject to follow-up testing Background Check Policy We obtain criminal background checks, which may include fingerprinting, to comply with applicable state and federal laws, as well as company policy and district standards. An applicant will not be denied employment based solely on the grounds of a conviction or guilty plea for a criminal offense. The type of offense, the date of the offense, and the relevance of the criminal conviction/guilty plea to the position applied for may be considered in the employment decision. Before any background check is run, we require each applicant to complete and sign a disclosure and authorization form to give permission to check their criminal and driving records. Prior to being disqualified from employment, the applicant must be given a pre-adverse action letter which provides instruction on how to view the information contained in the criminal and driving record check. Education Verification (All Non-Driving Positions) Education is verified before an offer of employment is extended. For eligibility, all information must be verified with no discrepancies. A candidate will be considered ineligible if there is significant discrepancy in the major course of study or if the candidate did not complete the education component but reported it as being complete. Candidates are given the opportunity to provide records to prove attendance or completion. 156 8 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Employment Verification (All Non-Driving Positions) Prior employment is verified before an offer of employment is extended. Verification is limited to the preceding three years of employment or three previous employers. For eligibility, all information must be verified with no discrepancies. A candidate will be considered ineligible if there is a significant discrepancy in the title or responsibility documented. Employee Safety Inventory (ESI) Assessment In addition, each driver applicant must successfully complete our employee safety inventory (ESI), an assessment tool that measures the employee’s attitude towards safety. Drivers who possess the proper attitudes toward safety and accident prevention will be less likely to engage in unsafe behaviors on the job. On-the-job accidents can result in lost work time, increased insurance rates, workers’ compensation claims, disability payments, civil suits and lowered employee morale. Perhaps the most important selection criteria are the disposition and personality traits the candidate demonstrates during the interview process. We know people are the key to everything we do. We encourage our interviewers to ask themselves, “Would I feel comfortable letting this person drive my children?” If the answer is “no,” the person is not hired. Simply put, when you hire great people and surround them with a positive culture, you deliver excellent service. If the structured interview does not indicate the person has the commitment and desire to work with young people, they will not be hired. Hiring Disqualifications An applicant may be disqualified based on the following criteria: Unsatisfactory driving record or accident history Convictions for sexual offenses of any nature (felony or misdemeanor) Convictions for drug possession, use, trafficking or manufacturing Convictions for assault or battery A pattern of misdemeanor convictions DUI within the past 10 years Any felony conviction Receives a “not recommended” result on the ESI assessment 157 9 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Failure to meet age and legal work authorization requirements An applicant is similarly rejected if he or she has a poor work history with previous employers or if he or she misrepresents information on the application. Failure to pass the physical or pre-employment drug screen is also grounds for rejection. State Laws Where a state law specifically prohibits a component of the criminal background checks policy, that state law will be followed. NEW HIRE PAPERWORK Every new applicant must complete new hire paperwork to be kept on file with our company. New hire paperwork complies with all federal, state and local mandates. New hire paperwork consists of, but is not limited to: New hire form Employee handbook acknowledgment Corporate confidentiality and privacy policy W-4 form Corporate personal appearance policy NELLC contact list Form I-9 employment eligibility Direct deposit Information security policy Recordkeeping Each location is required to keep employee records on file per federal, state and local mandates. Employee records are kept confidential, released only to persons designated and authorized to view, compliant with all laws and regulations, and consistent with our policies. Active employees have the right to review information in their employee file in the presence of a supervisor or manager. ORIENTATION A formal orientation program is held at all locations and includes general information about our company, opportunities for development, key company guidelines and the employee handbook. Supervisors ensure that each new employee participates in the program and receives the necessary information 158 10 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services and training to acclimate to their new positions. During the employee’s first 90 days on the job, the supervisor will assess the employee’s ability to get along with others, punctuality, attendance and other indicato rs of job success. During this time, employees are encouraged to meet with supervisors to set performance goals and to discuss any questions or concerns. Orientation Checklist Supervisors are responsible for familiarizing new employees with their local work environment during the first few weeks on the job. Company and Job Information Company mission and values Tour of work area, introduction to staff Function of work group and of job, interdependence of job functions Explanation of responsibilities Levels of supervision and management Availability of supervisor for questions Work habits (promptness, appearance, etc.) Safety guidelines Reporting accidents, work injuries or hazardous situations Internal and external customers Equipment and supplies Guidelines and Procedures Work schedule Attendance and punctuality guidelines Business confidentiality EEO guidelines Harassment guidelines Professional conduct guidelines Meal and break periods Drug and alcohol guidelines Smoking rules Use of telephone and personal calls Rules for parking personal and company vehicles Time reporting Time off (holidays, vacations and sick leave) Notifying supervisor of lateness or absence Supervisor’s telephone number Promotions and job posting Personal appearance and uniforms Safety equipment and guidelines 159 11 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Location of entrances, elevators, restrooms, lounge or eating area, fire exit, storm shelter and facilities for disabled Salary and Benefits Method and frequency of pay, payroll periods and deductions Overtime Benefit plans Performance feedback and salary review process LAW AND POLICY COMPLIANCE Upon hire, each employee will be subjected to all federal and local laws, rules, regulations and requirements, as well as company policies and procedures outlined in our employee handbook. All employees are required to sign, acknowledge and conform to these rules. Compliance with All Applicable Laws We will comply with all federal, state and local laws applicable to providing student transportation services for the district. This includes maintaining the requisite licenses, permits, certifications, ratings or other requirements for operation of the business. Employee Training Programs Our employee training programs prepare our employees to deliver the safest and most reliable service in the student transportation industry. Each department has specific training that focuses on the needs of both external and internal customers. Each employee is expected to pass all required instructional materials and to meet or exceed qualifications as outlined by local, state and federal regulations. Our customer service centers receive unmatched support from a team of safety and training professionals consisting of both region and corporate resources. We offer new hire and continual training courses designed for: Certified instructors 160 12 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Drivers, monitors and dispatchers Mechanics Managers New drivers must complete rigorous training courses that average 40-44 hours of classroom and behind-the-wheel training. Dispatchers and monitors are required to pass the driver training classroom curriculum, and if applicable, dispatchers will continue our behind-the-wheel training and CDL licensing for driver certification. Other training programs incorporate mandatory mechanic certification and also an incentive for ASE certification. We require all management personnel to attend our annual management training courses taught through our National Express University (NXU) program. Every employee is also required to participate in annual refresher training and to attend our safety meetings. CERTIFIED INSTRUCTORS AND TRAIN-THE-TRAINER PROGRAM We go to great lengths to ensure our own trainers are certified and skilled to train. Area safety directors and driver trainers must complete a four-day S.T.A.R. (Safety Training Alleviates Risk) academy driver training course. Through this certification program, participants receive comprehensive training in adult learning styles, facilitation techniques, how to teach using STAR classroom and behind-the-wheel curriculum. To ensure application of learning, the participants take part in demonstrating newly acquired or enhanced skills in simulation activities in the classroom and with practicing key driving skills in a closed course. Each customer service center is equipped with the proper certified trainers who have passed this extensive train - the-trainer course. Once certified the trainers are required to participate in Our drivers are the best trained in the business. 161 13 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention We have more than 16 training modules covering all aspects of driver training. recertification every three years. This ensures their skills are up-to-date with the latest in instructional techniques and offers continued one -on-one development of their competencies in training. DRIVER, MONITOR AND DISPATCHER TRAINING PROGRAM We understand the key to providing safe transportation is to provide great employees. The right attitude, the best training, and most of all, possessing the highest standard of care for the students are critical s uccess factors of our training. Our safety training program, S.T.A.R., has been developed specifically for us to ensure our customers are provided with the best skilled drivers and monitors. This program emphasizes current safety prevention tactics, proper bus inspections, student management and the extra attention our special needs riders deserve. Monitors are required to participate in the classroom training program with emphasis on safety basics, intersection, danger zones and student management. Since many dispatchers began as drivers, those who retain their CDL license are also required to participate in all driver classroom and behind- the-wheel curricula. Classroom Training Our classroom training is 20-30 hours of in-depth material to prepare our drivers and monitors for the safest driving practices. The delivery of the curriculum incorporates various instructional methods. We use lecture, digital video device courses, classroom discussions, simulations and assessments to assist 162 14 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services with the understanding, retention and application of the training content. Behind-the-Wheel Training Our behind-the-wheel training course gives each driver the opportunity to apply classroom principles to real-life situations in a controlled environment. Since we operate several different types of buses, every driver must be familiar with the bus type and the location of all controls and gauges on the bus he or she will be operating. Drivers must also know where, emergency equipment and emergency exits are located on the bus and how to operate the devices. In addition, the driver must know seat belt operations, seat adjustments, lifts and tie-downs, types and locations of mirrors, and other specifics such as vandalock, glow plugs and choke. Behind-the-wheel training ranges from 20-22 hours. Immediate feedback is provided to compliment or improve the driver’s skills during this time. LLLC Defensive Driving™ LLLC driving principles educate drivers on how to avoid accidents and to always be prepared for any traffic situation. These principles consist of: Look Ahead Drivers are trained to look 15 seconds ahead of where the bus is at any given point in time. By always using the Look Ahead principle, drivers can identify potential hazards early enough to react and safely make adjustments. Look Around Drivers must take in the entire scene when driving. Drivers are taught to Look Around for other cars, pedestrians and fixed or moveable objects on or near the road, especially when making a turn. Leave Room Drivers learn to ideally Leave Room on all six sides of the bus – in the front, the rear, on each side of the bus, and above and below the bus. This will help to maintain and monitor the space in front of the bus by keeping an adequate following distance. Techniques are taught for tailgating vehicles, highway driving and low clearance overheads. Communicate Drivers are taught to use headlights, brake lights and turn signals to 163 15 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Communicate their intentions. Drivers must use signals before turning or changing lanes and to allow at least four flashes before taking any action. First-Aid Training Our first-aid policy is communicated during driver training and is reinforced during safety meetings. When a medical situation arises, the driver must contact dispatch immediately so the emergency medical personnel can be contacted and dispatched to the scene. Each facility and bus is equipped with a bodily fluid disposal kit. This kit contains items such as latex gloves, eye shield/face mask, apron, powered absorbent material, scoop and scraper, disinfectant, paper towels and biohazard disposal bags with twist ties. We have a policy for administering EpiPens® that includes additional training and parental sign-off. We offer this service as an option to customers who specifically request it and agree that the policy is right for its students. We will be happy to discuss our policy further upon interview or award. Bus Safety and Student Management Training One of the most important aspects of our training program is student behavior management. For the safety of all passengers and for any interaction we may have with the public, our drivers are trained to deal with problematic behavior that may put others at harm. BUS SAFETY We will instruct K-3 students on proper entry and exit of the bus, emergency evacuation techniques, and general school bus safety through live demonstrations, videos and educational materials. These fun, instructional games are also available on our website. Throughout the year, our education programs focus on safety around the bus “Danger Zone,” emergency evacuations, and safe riding procedures. We are active participants in National School Bus Safety Week, held every October. We travel to various areas and teach children about school bus safety with the help of “Pride,” our labrador retriever mascot. We conduct 30 -minute shows to educate students from kindergarten to the third grade. Our transportation professionals are also available to speak at classroom presentations or community organizations. 164 16 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services PREPARING DRIVERS ON PROPER STUDENT CONDUCT AND CONTROL Our goal is to safely and comfortably transport students to and from school, on time, and ready to learn. We know this part of the day is important to children, especially young children, and that what happens on the bus can make or break the rest of the day. Understanding the children and their needs helps drivers to handle situations which may arise on the school bus. Drivers are tau ght to be courteous and to always be in control. Drivers set school bus boundaries through initial authority recognition and by building relationships with students based on mutual respect. Courtesy is Contagious The power of a smile cannot be over emphasized. Drivers are trained to be welcoming and to acknowledge each child by name, to help set a positive tone for a comfortable school bus ride. Dealing with Negative Behavior Durham will follow the district’s discipline procedures, however if there is not a procedure in place, we recommend the following approach. Our drivers are taught to never allow bullying, sarcasm, or put downs by other students. We will always follow your district’s policies for dealing with problematic issues, while following our own basic standards for a safe bus ride. Our drivers are trained to be professional and to be positive at all times, never displaying negative behaviors or facial expressions. The same way courtesy is contagious, so is a negative demeanor. Addressing Problems and Discipline Procedures Our drivers are trained to not issue challenges or ultimatums, but rather to follow a four step approach for progressive discipline. Any action a driver may take requires a report submitted to his or her supervisor. 1st infraction – Verbal warning. 2nd infraction – 2nd warning and ask school to notify the parents of the incident. 3rd infraction – 3rd warning and recommend that riding privileges be suspended until school meets with parents. 4th infraction – 4th warning and recommend temporary or permanent removal from the bus. 165 17 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Severe infractions will be dealt with on a case-by-case basis in conjunction with the school district’s policies and with school officials. We don’t want to take away transportation privilege; however, there are instances where a child’s behavior causes a serious safety problem for the other children and that child must be removed from the bus. We will consult with your district before any suspension actions are taken. When a suspension of privileges is recommended, we give the child’s parents time to make other arrangements for that child to be transported to school, and we will try to accommodate that child until those arrangements have been made. Passengers Other Than Students No riders except our personnel or school district personnel are allowed on the bus without prior approval by the local manager. An employee’s pre-school age children/grandchildren may ride the bus if the terms and conditions of our employees’ children/grandchildren ride along policy are met. Refusal to Transport a Student A driver may not refuse transportation to a student unless there is a clear and present danger to others, e.g., a student carrying a weapon. Release of Students Once students have boarded buses at the school, they may not be released to anyone other than school district personnel or at their regular stop unless prior permission is given. MY CHILD CHECK POLICY Drivers and bus monitors must complete a thorough check of the bus for children at the end of each route and prior to leaving the bus at any time. Failure to comply with this policy will lead to disciplinary action; if a child is left unattended, the driver and bus monitor (if present) will be terminated. Each driver and bus monitor sign a pledge annua lly committing their responsibility to safety by completing a thorough child check at the end of each route and prior to leaving the bus at any time. We use Zonar®, which is equipped with child check technology. Zonar® includes an RFID tag in three locations of the bus to ensure 166 18 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services drivers conduct mandatory child checks at the end of each route. SPECIAL NEEDS TRAINI NG PROGRAM Our business is devoted to special needs transportation; today, we are recognized experts in this area. We hire people with the integrity, patience and sensitivity necessary to be a positive influence in the lives of children with special needs. Transporting students with special needs presents unique challenges to our drivers; we have developed a customized training curriculum for these drivers. All drivers and aides who provide transportation for special education students must first complete our regular training program before beginning the special needs program. The seven DVD training program includes: Legislation overview Transportation challenges Types of special needs Lifts and mobility devices Securement Emergency evacuations Balancing needs The training covers the logistics of student transportation and also focuses heavily on behavior management and the reasons behind the behavior. In one activity, each trainee sits in a wheelchair while it is put on the lift and transported. Exercises like this help drivers to put themselves in the place of the children they serve, experiencing the world from the perspective of a child with special needs. Additional classes on working with visually impaired, deaf, autistic, and wheelchair-bound students are available as required by student needs. Special needs drivers can also meet with each child’s parents before school starts to ensure they have adequate insight into the individual need s of each child. We view transportation as an important part of each special needs student’s educational program; learning about each student’s particular needs helps us to provide service at the highest levels possible. 167 19 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Classroom Training Objectives After completing the classroom portion of this program, drivers and aides will have an understanding of the following: Rights of special education students Special education student characteristics Special education student management techniques Behavior patterns of special education students Procedures for special education student drop-off Ambulatory special education student procedures Procedures for transporting students using wheelchairs Securement procedures for student equipment Emergency procedures Practical Training Objectives Before transporting special needs students, drivers and aides must have hands- on, practical experience in the following areas: Ambulatory loading, securement and unloading Securing student equipment Wheelchair loading, securement and unloading Emergency evacuation This program takes three hours to complete, including classroom instruction, practical training and completion of the written exam. Driver Evaluations All drivers and participating dispatchers undergo a behind-the-wheel evaluation at least once per school year and if involved in a motor vehicle accident. Drivers are given the opportunity to discuss their evaluations with the training supervisor or general manager. If warranted by the evaluation, retraining is assigned and conducted. In-Service Training In order to remain qualified as one of our school bus drivers, all drivers must participate in at least 10 hours of in-service training per school year. This can be accomplished through attending mandatory 168 20 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services safety meetings, special driver seminars and workshops. Topics include: Enhanced familiarization with school district Pre- and post-trip inspections Fire extinguisher instruction and demonstration Breakdown procedures Evacuation procedures Defensive driving techniques Accident procedures Operation lifesaver (railroad crossing procedures) Mirror use, backing and turning point set-up Student management Student safety awareness Winter driving techniques Safety competition practice (classroom and behind-the-wheel) Post-accident retraining Rules and regulations for loading/unloading MANAGER TRAINING AND DEVELOPMENT National Express University (NXU) In 2014, we invested in a learning management system (LMS) which houses and tracks important training curriculums in the areas of leadership, compliance, safety and technical training for all our full-time staff members. In 1994, we became one of the first school bus transportation companies to implement a formal management training program. This training program consists of several phases. First, new general managers at each location participate in a comprehensive six month GM onboarding orientation session. Second, each year, we provide an annual in-person regional training forum that includes all management and supervisory staff. Third, for newly selected site supervisors (on the job between 30 to 120 days), we require participation in an onsite four day manager orientation. This session includes discussions and training topics that vary from orientation to operational duties, such as customer service, software applications, COMPASS - our proprietary dispatch and payroll platform, and recordkeeping. Through presentations, scenarios, activities, testing, peer learning, focus group discussions and homework assignments, managers learn the tools and resources needed to deliver the level of service we promise to our customers. Finally, there is an online suite of courses compiled 169 21 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention specifically for our first line supervisors called front line leadership, which provides overall leadership theory to new leaders. This learning event meets the core needs of new leaders with a focus on four key areas: Culture – Aligning customer service center operational behaviors and actions to our vision and values and our mission of getting students to school safely, on time and ready to learn®. Organization - Showcasing the company’s structure from the local customer service center level to support from our corporate headquarters. Results – Articulating and defining the company’s targets and goals for managers to integrate strategic planning into how they make decisions as it relates to their overall management of customer service center operations. Excellence – Committing to making service and processes better throughout the company. Online Performance and Learning System (OPAL) OPAL is our company’s 24-hour virtual coach and provides immediate answers to a manager’s day-to-day challenges and guidance for long-term leadership development. In 90 seconds, managers can search OPAL to get best practices, tools and tips on how to manage over 500 leadership challenges. In OPAL, managers can learn how to: Manage a conflict at his/her local CSC Give effective feedback and coaching Conduct a performance improvement meeting with an employee Create an individual development plan Build or rebuild team/personal trust with others Build a highly effective team Continual training for our management staff is just as important as any other training. 170 22 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Manage time better Easily make improvements to any process Become better organized Improve verbal and written communication skills Manage hundreds of other leadership and management challenges All this and more can easily be found in OPAL. OPAL is a free 24-hour support tool/resource for all managers and leaders in our organization. Employee Retention Durham’s total compensation program has been designed to retain the current driver workforce and to attract prospective employees. We offer competitive driver wages, health, dental and a 401(k) plan. We also believe in developing our employees to grow with our organization. We also believe in recognizing our employees who go above and beyond their job duties with Enjoy the Ride, a program that rewards those individuals for outstanding performance. BENEFIT PLANS Full-Time Employees Plan Durham School Services provides company contributions toward medical insurance through BlueCross BlueShield (BCBS). There is a choice of three PPO plans offering in-network and out-of- network benefits; one of which is a High Deductible Health Plan (HDHP) offering that includes a Health Savings Account. Employees have copays for office visits and prescriptions, and pay deductibles and coinsurance for hospital services for the non-HDHP plan offerings. The HDHP Plan requires that employees meet the deductible before the plan pays and copays are only for prescriptions, everything else is paid by coinsurance. Dental and vision insurance is available for purchase. Additional benefits include: Company-paid basic life and accidental death and dismemberment Company-paid long-term disability insurance Company-paid employee assistance program Tuition reimbursement program 171 23 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT| MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Sc h o o l B u s Tr a n s p o r t a t i o n Hiring, Training and Retention Voluntary short-term disability insurance Voluntary life insurance for employee, spouse and dependents Voluntary group legal plan Flexible spending accounts available for participation Paid vacation Paid sick time Paid holidays Retirement plan – matching 401(k) retirement savings plan (with company match of up to 4%) vested immediately Part-Time Employees Plan Medical Coverage Drivers and monitors have the option of the below: Kemper MEC – This plan provides preventive and wellness benefits that satisfy the individual mandate under the health care reform law. Kemper Buy Up – Includes the KBA MEC plan plus a limited indemnity benefit plan. The plan reimburses a set amount per service. Once the employee reaches the maximums, no additional benefits are paid for the plan year. The KBA Buy Up plan also includes a limited prescription benefit. Kemper Stand-Alone Rx Additional Benefits Provided to Part-Time Drivers and Monitors Retirement plan – matching 401(k) retirement savings plan (with a company match of up to 4%) vested immediately Company-paid life insurance Company-paid employee assistance program 172 24 | P a g e CITY OF MOORPARK – PUBLIC WORKS DEPARTMENT | MOORPARK, CA Request for Proposals for Bus Excursions and Charter Bus Transit Services Tuition reimbursement program Dental and vision insurance are available for purchase Group legal plan available for purchase Paid physicals, drug screens and alcohol screens Outside charter work opportunity, where Durham owns the fleet, for drivers for other contracts and non-school district customers, such as day care centers, churches, summer camps, etc. ENJOY THE RIDE PROGRAM Our company strives to create an engaged workforce where employees enjoy their jobs and feel appreciated for what they do. The Enjoy the Ride program was built around our company’s vision and values and is designed to recognize safety and excellence, develop our people, celebrate years of service to our customers and encourage involvement in the community. The Enjoy the Ride program drives engagement and retention for all employees. EMPLOYEE DISCOUNTS PerkSpot PerkSpot is an online program that allows employees to find discounts and rebates on goods and services from many of the best known brand names in the U.S. and Canada. The PerkSpot site is updated daily with new deals and discounts on clothing, home furnishings, jewelry, cell phones, travel and vacation packages, and more. Discounts may range from 5% to 50% off retail value. 173 EXHIBIT B SCOPE OF SERVICES FOR BUS EXCURSION CHARTER BUS SERVICES SECTION 1. SERVICE DAYS AND HOURS MOORPARK BEACH BUS The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine (9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to offer this service on Tuesdays, Wednesdays, and Thursdays. The public transportation service included in this Scope of Service consists of a single vehicle service for the City with nine (9) to ten (10) revenue hours per day. A school bus is usually adequate for this service. Contractor shall provide service between various stops in the City and a beach destination, such as Zuma County Beach in Malibu or Ventura Harbor in Ventura. This shall be an unsupervised public transit service. One vehicle shall make two (2) or more round trips each day of service in accordance with a published schedule. Schedule adherence is important for this service. Contractor shall have the ability to dispatch a secondary vehicle (“tripper bus”) in the event City requests additional passenger capacity. The City shall determine and set fares. Contractor shall charge passengers exactly as specified unless notified by the City that there will be a deviation from regular fares. CAMP MOORPARK & ADVENTURE CAMP Camp Moorpark and Adventure Camp are summer recreation programs that typically require one or two (1 - 2) buses Tuesday through Thursday for a ten (10) to eleven (11) week period from June through August. Trips are taken by children ages 5-14. Trip destinations include locations in Ventura, Los Angeles, and Santa Barbara counties. This is a subscription service. Passengers register in advance with the City. Passengers are supervised by City staff. The number of passengers can be up to seventy (70) children and fourteen (14) staff. In some cases, the number of passengers can be fewer and the City may request a smaller sized vehicle if available. The City, at its sole option, may contract with more than one bus operator to expand or reduce services during the term of the Agreement. The City, at its sole option, may wish to expand or reduce these services during the term of the Agreement. ACTIVE ADULT CENTER Transportation from the Moorpark Active Adult Center to a local attraction such as a museum or event site, typically within seventy-five (75) miles of Moorpark, and not usually exceeding ten (10) hours from beginning to end. These are unsupervised trips; 174 2 however, non-staff volunteers may be present to assist with boarding and disembarking the bus. SECTION 2. ROUTES With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road for Camp Moorpark and Adventure Camp or 799 Moorpark Avenue for the Active Adult Center. The Moorpark Beach Bus has approximately five (5) stops for boarding and alighting in the City. All services usually have one (1) destination point. The City reserves the right to adjust the routes, providing notice as indicated in this Agreement. In addition, Contractor agrees to perform the transportation services as requested by the City and executed in the form of a Charter Confirmation attached hereto as Attachment A (the “Services”). The Parties understand and agree that the Services may be amended from time to time during the term by mutual written agreement of the Parties. SECTION 3. OPERATIONS The Contractor shall be responsible for operation of the vehicles used to provide services contemplated by this Agreement. The Contractor shall ensure at all times that vehicles used for passenger conveyance shall be operated with due regard for the safety, comfort, and convenience of the public. The Contractor shall be responsible for complying with all applicable federal, state and local laws and requirements. SECTION 4. CONTRACTOR VEHICLES Contractor shall provide all necessary vehicles, including one (1) primary bus and at least one (1) backup bus to ensure continuation of service in case of a breakdown of the primary bus. All Contractor-supplied vehicles shall have less than 75,000 original odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA standards. The Contractor shall at all times be required to have a backup vehicle available for use in the event that the primary vehicle is unable to operate. If the primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be required to provide a separate wheelchair accessible vehicle upon demand. For the Moorpark Beach Bus program, the separate wheelchair accessible vehicle shall be provided within thirty (30) minutes of discovering a passenger at a Beach Bus stop with a wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp or Active Adult Center trips, the Contractor shall be notified at least twenty-four (24) hours in advance if a wheelchair accessible vehicle is required. In the event that the vehicle being used by the Contractor breaks down, the Contractor shall provide a backup vehicle on site within one and one half (1 ½ ) hours. 175 3 The primary vehicles shall have a minimum of twenty-five (25) bench seats and a seating capacity of approximately seventy-five (75) children at three (3) passengers per bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat. All vehicles must have storage for luggage. Air conditioning, large tinted windshield, and passenger windows are desirable but not required. A late model school bus in good condition may meet the criteria for vehicles. City shall provide magnetic signs that are to be placed on the Moorpark Beach Bus. Currently, the City has three (3) separate signs: “Moorpark”, “City Transit”, and “Beach Bus”. The magnetic signs can be arranged to read “Moorpark City Transit Beach Bus” along the external sides of the bus and separate “Beach Bus” signs are to be placed on the external front and back of the bus. If Contractor’s bus has electronic sign display(s) the electronic sign display shall be programed to display “Moorpark City Transit Beach Bus” or an agreed upon alternative based on the number of characters that the electronic sign can display at one time. SECTION 5. MAINTENANCE The Contractor shall perform the duties and accept the responsibilities set forth in connection with the maintenance of the Contractor's vehicles used to provide services under this Agreement. Contractor's buses, vans, school buses or other vehicles that are used to provide services under this Agreement are referred to in this section as "vehicles". The omission of a duty or responsibility herein shall not relieve the Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating a fixed-route and dial-a-ride public transportation system of a kind and character such as Moorpark City Transit. 5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate fixed maintenance facility within a thirty-five (35) mile radius from the City. The facility shall be equipped with all tools and equipment necessary for maintenance of· vehicles in accordance with this Agreement. When out-of-service, vehicles shall be stored at all times either within an enclosed, paved garage, or within a paved, security-fenced outside storage area. 5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all vehicles under this Agreement. For purposes of this Agreement, daily servicing shall include, but not be limited to: fueling; check/add engine oil, coolant, water, and transmission fluid; farebox vault pulling and replacement; wheelchair lift check; brake check; light and flasher check; and checking all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. The Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of the vehicles. The checklist shall be utilized and kept on file for City and California Highway Patrol (CHP) review at any time during regular business hours. The 176 4 checklist requirement may incorporate or supplement CHP required driver's pre- trip safety inspections. 5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat condition at all times. The interior of the vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. Vehicles shall be swept and dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as necessary. The interiors of all vehicles shall be thoroughly washed at least once per week, including all windows, seats, floor, stanchions, and grabrails. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the interior cleaning process. Any damage to seat upholstery shall be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Destination sign interior glass shall be cleaned as necessary to maintain a clean appearance and maximize visibility. The exteriors of vehicles shall be washed as required to maintain a clean, inviting appearance and in no event less than once per week. Exterior washing shall include the bus body, all windows, and wheels. Rubber or vinyl exterior components such as tires, bumpers fascia fender shirts, and door edge guards shall be cleaned and treated with a preservative at least once per month, or as often as necessary to maintain an attractive appearance. The bus exterior shall be waxed once every six (6) months. The vehicles shall be kept free of vermin and insects at all times. The Contractor shall exterminate all vermin and· insects from the vehicles immediately upon their discovery, utilizing safe and non-hazardous materials. 5.4. Preventive Maintenance: The Contractor shall develop and implement a preventive maintenance program. At a minimum, the Agreement's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry, and shall meet the manufacturer's specifications and be sufficient so as not to invalidate or lessen warranty coverage of the vehicles. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause for deferred maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of schedule. The Contractor shall not defer maintenance for any reason without the prior written consent of the City. The Contractor shall adjust the work schedule of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule. All parts used for preventive maintenance shall be new and meet manufacturer's specifications. 177 5 The City, at its own expense, may inspect the vehicle(s) to ensure that regular preventive maintenance is being performed. 5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor or by other vendors and suppliers and shall be included in the final Agreement cost. Repairs shall include, but not be limited to, work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. All required parts shall be new and meet manufacturer's specifications. Repair work shall be conducted as soon as practicable upon learning that such work is required. The Contractor shall perform repair work expeditiously in response to identification of problems by drivers or other staff members. The Contractor shall assure the City that required repairs shall not be deferred beyond a reasonable time. The Contractor shall be familiar with vehicles and equipment warranties and shall comply with all warranty provisions in the conduct of maintenance. 5.6. Vehicle Towing: In the event that towing of a vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor's sole expense. 5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and make available to the City, the CHP and/or such other regulatory agencies with jurisdiction records and data relative to vehicle maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner to fulfill any applicable state or federal requirements, as well as any needs of the City to enable it to evaluate accurately the Contractor's maintenance performance and the operating expense associated with the services provided under this Agreement. The City maintains the right to inspect, examine and test, at any reasonable time, any vehicles used in performance of this Agreement and any equipment used in the performance of maintenance work in order to ensure compliance with this Agreement. Such inspection shall not relieve the Contractor of the obligation to monitor continually the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. The Contractor shall prepare and maintain records and reports that shall include, but not limited to, the following: A. Daily vehicle inspection and servicing checklists. B. Work orders for all maintenance inspections, warranty repairs and other 178 6 vehicle repairs including materials, parts and labor consumed. C. Roadcall reports, or work order, for each roadcall identifying date and time, vehicle number, problem and mileage of vehicle. D.Monthly summary of vehicle miles, vehicle miles since last preventive maintenance inspection, a list of any vehicle repairs made, number and length of time a backup vehicle was used, and vehicle roadcalls. SECTION 6. DRIVERS Drivers are required to possess a valid California Class “B” or “C” driver license for the operation of the type of vehicles to be used by that respective driver. The Contractor shall provide thorough training for all drivers for the proper performance of their duties. Drivers shall also be thoroughly trained on the use of all equipment required under this Agreement, including the Contractor's backup vehicles. At a minimum, drivers shall be required to: wear an approved uniform of clean and neat appearance, be helpful and courteous, ensure that fares are collected and deposited in the farebox, assist senior citizens and disabled passengers, refuse rides to unruly passengers, stay on schedule, obey all traffic laws, and enforce all City Transit Passenger Rules/Contractor Passenger Conduct (Exhibit G). Drivers shall not smoke in the vehicles or allow passengers to do the same. City shall have the right, contingent upon the Contractor's personnel policy guidelines, to ask for the temporary or permanent removal of any driver furnished by Contractor for any reasonable cause (not to be construed as requesting removal from Contractor's employment). Contractor shall submit a copy of its current personnel policy guidelines with this Agreement and any amendments thereto. All drivers shall be employees of Contractor and Contractor shall be solely responsible for payment of all employees' wages and benefits. Contractor, without any expense to City, shall faithfully comply with the requirements of all applicable laws with respect to employee liability, workers’ compensation, unemployment insurance and other forms of social security. Contractor shall also be responsible for withholding of income tax at its source from employees’ wages and, furthermore, the Contractor shall indemnify and hold harmless the City and the State of California from any liability, damages, claims, costs, and expenses of any nature arising from alleged violation of such laws. Contractor shall provide thorough training for all drivers for the proper performance of their duties. Contractor must have a training program encompassing the National Safety Council Defensive Driving Course. This program should also direct itself to dealing specifically with transporting the elderly and mobility impaired. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. This training program must be described fully and submitted to City for review with this Agreement for approval by the City. The Contractor shall require pre-employment medical examinations, including drug and alcohol testing, for all prospective drivers and other safety sensitive employees of the 179 7 Contractor. Any person who has not successfully passed such an examination shall not be permitted to operate a vehicle in any service performed under Agreement to the City. Additionally, the Contractor must have an anti-drug program established for employees under the congressionally mandated Drug-Free Workplace Act. The required anti-drug program would include, in addition to the pre-employment testing, testing after an accident, when there is reasonable cause, periodically, every two (2) years upon receipt or renewal of the Department of Motor Vehicles Medical Examiner's Certificate, and before returning to duty to perform sensitive safety functions after a positive drug test. The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace Act of 1988, by providing certification that (a) the drug free workplace actions shall be implemented, and (b) those actions are being/have been implemented. SECTION 7. BUS OPERATION RECORDS AND REPORTS The Contractor shall be required to maintain ridership and operations records for this service as deemed necessary by the City. The Contractor shall be responsible for submission of monthly service summary reports to the City. These reports, to be submitted by the Contractor within fifteen (15) days of the end of each calendar month, shall include, but not limited to, the following: A. Listing of all vehicles in service. B.Date, time, and length of time for any service disruptions. C.Corrective actions taken for breakdowns and roadcalls. D.A monthly summary of vehicle miles, vehicle miles since last preventive maintenance inspection, a list of any vehicle repairs made, number and length of time a backup vehicle was used, and vehicle roadcalls. E.Total passenger counts by demographic category and fare (student, adult, senior citizen, disabled, etc.) by day. F. Passenger counts by payment method (cash, one-way ticket, and discounted passes) by day. G. Missed or abbreviated route trips; unusual incidents while on duty. H. From time to time, at the City’s request, the Contractor shall record passenger activity per stop. SECTION 8. FARES The Moorpark Beach Bus is a general public transportation service and passengers must pay a fare. The Contractor shall collect fares in accordance with fare policies as set by the City. The fares collected shall be recorded and submitted to the City each service day along with the fare collection sheet for that day. Most excursion and charters sponsored by the Recreation Division, such as Camp Moorpark, Adventure Camp, and Active Adult Center will not have fares that the Contractor has to collect. 180 8 SECTION 9. CONTACT INFORMATION Contractor shall provide the City with emergency and after hours contact telephone numbers and pagers that the City may use as necessary to communicate with the Contractor after normal working hours. SECTION 10. RADIO COMMUNICATION The Contractor shall provide to the vehicles the necessary communication equipment to allow for communication between the driver and the Contractor's maintenance facility. The Contractor shall notify the City, at the first available opportunity, of any vehicle breakdowns or other problems that may cause schedule delays. SECTION 11. SPECIAL SERVICES From time to time the City may wish to expand the hours or the days of services to the community. With twenty-four (24) hours written notice, Contractor shall provide the special service using the Agreement vehicles, at the regular hourly rate. 181 ATTACHMENT A Charter Confirmation ITINERARY: The Contractor's driver will adhere to the following itinerary and provide the following Services. Any changes must be approved by a Contractor representative and may result in additional fees charged to the District. All itineraries are subject to review and approval by the Contractor. Contractor is not responsible for fulfilling itineraries developed by the District, which indicate a time that the District expects to arrive at certain locations after the initial pick up time. Type of Trip: __ Single Trip __ Round Trip __ Multiple Destination Pick Up Date: _______ Time ____ AM/PM Number of Passengers: ___ children adults Number of Buses: __ Type of Bus: _______ Air-conditioned: YIN Wheelchair Access: YIN (incl. storage) From: To: Departure Date: _______ Time: ____ AM/PM From: To: List any additional stops or destinations: PAYMENT: Full payment is due fourteen (14) days prior to the scheduled Pick Up Date. In the event that the scheduled Pick Up Date is less than fourteen (14) days from the date District schedules the Services, full payment, is due at the time of reservation. The Contractor reserves the right to cancel the Charter Service Agreement for non- payment. Deposit and payment must be made by credit card, cashier's check, money order or business check. Cash will not be accepted. District will be charged any and all fees due to checks returned for Non-Sufficient Funds ("NSF"). A final invoice will be sent to District for any additional charges or overages after completion of the trip. FEES: The District agrees to pay the Contractor the following fees: Rate for Services $ __ (per vehicle, per trip) Cancellation Fee 182 Additional Charges (parking, tolls, entrance fees, etc.) Cleaning Fee $ __ $ __ The fees for the Services are subject to the itinerary above and any changes may result in additional fees. There will also be a charge of$ per hour for any trip over __ _ ADDITIONAL CHARGES: The District shall be responsible for all parking expenses, tolls and park entrance fees at time of service. CANCELLATIONS: All cancellations must be made to the Contractor in writing. A fee of the lessor between $500 or the value of this Agreement will be charged for any District no-show on the Pick Up Date. Cancellations within twenty-four (24) hours of the Pick Up Date will be subject to any cancellation fee set forth above. RESPONSIBLE PARTY: The District identifies the following person to be the primary point of contact who will be available, if needed, during the charter trip. District Contact Name Title/Position Phone Mobile AUTHORIZED CONTACTS: The District identifies the following person(s) as additional authorized contacts as it relates to the itinerary and Services. District Contact Name Title/Position Phone Mobile District Contact Name Title/Position Phone Mobile District Contact Name Title/Position Phone Mobile District's authorized signature below demonstrates full acceptance and acknowledgement of the terms and conditions of this Charter Confirmation and the Charter Service Agreement between the District and the Contractor. Authorized Signature Print Name/Title Date Signed 183 184 185 186 187 188 189 EXHIBIT E VEHICLE IDENTIFICATION FORM VEHICLE INFORMATION All Proposers shall provide the following information for each vehicle that the Proposer proposes to use in this project. Proposers must submit photographs of vehicle exteriors and depictions of interior seating configuration, to be attached to this form. 1. Primary or Backup Vehicle 31251 (Primary) 31358 (Back-up) 2. Vehicle Mileage 73 792 Date of Odometer Reading : 03/04/2020 3. Vehicle Type/Model/Manufacturer _ln_t_er_n_at_io_n_a_I T_r_an_s_it _________ _ 4. DateofManufacture 09/2015 --'--------------~ 5. Vehicle is (circle one): 6 . Passenger Seating Capacity 7. Gross Vehicle Weight Rating 8. E ngine/Transmission Type 9 . Overall Length 10 . Exterior Width 11. Interior Height 12 . Aisle Width 13 . Step Height from Ground NEW 82 33,000 ~ "Purchased New in 2015 Diesel/Automatic 42' 916 11 6 16 11 14" 15" 14 . Destination Signs (Describe Location and Functions): N/A 24 190 15. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach photograph): None 16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if applicable): 73,792 No Overhaul 17. Tire Condition : (circle one)~ 25 191 192 193 194 EXHIBIT G MOORPARK CITY TRANSIT RULES/ CONTRACTOR PASSENGER CONDUCT Moorpark City Transit Rules: 1. No eating, drinking, smoking, loud noise, or animals (other than service animals) are permitted in the vehicle. 2. Passengers must have exact change. 3. California Civil Code Section 2186 and California Penal Code Section 640 shall be enforced. Moorpark Beach Bus Specific Rules: 1. All materials (boogie boards, back packs, coolers, or other items) must be stored in the bus storage compartment during the trip to/from Zuma Beach. Contractor Passenger Conduct: The following acts on any Contractor vehicle which is used for City bus excursion and charter bus services are prohibited: 1. Smoking tobacco or any other substance, or carrying a lighted or smoldering substance in any form. 2. With the exception of peace officers, carrying aboard any weapon. 3. Carrying aboard any flammable or explosive substance except for matches and cigarette lighters. For example, cooking stoves, propane tanks, and other fuels are prohibited. Carrying aboard any package or article of a size which will block any aisle, emergency exit, or stairway of the vehicle. 4. Carrying aboard any animal not housed in an enclosed carrying container. Such container cannot block or hinder travel in the aisle, emergency exit, or stairway. 5. Carrying aboard a stroller unless such item is folded and unoccupied. Strollers must remain folded while aboard the vehicle and must not block or obstruct an aisle, emergency exit, or stairway. 6. Playing radios or other audio devices or musical instruments aboard unless the only sound produced by such item is emitted by a persona listening attachment (earphone) audible only to the person carrying the device producing the sound. An exception exists for peach officers, security guards, and for Contractor officials while performing their official duties. 7. Littering, discarding, or depositing any trash, debris, or offensive substances in non-appropriate places. 8. Spitting, urinating, or defecating. 9. Damaging, writing upon, or otherwise defacing or altering property. 10. Fighting or engaging in any violent, tumultuous, or threatening behavior. 11. Making excessive and unnecessary noise, or using profanity. 12. Obstructing the free movement of passengers. 13. Interfering with the safe operation or movement of a Contractor vehicle or operator. 195 2 14. Standing or otherwise occupying any space in front of the line marked on the forward end of the floor of the vehicle or otherwise conducting himself/herself in such a manner as to obstruct the vision of the vehicle operator while the vehicle is in motion. 15. Impeding the opening of, or interfering or tampering with, or otherwise obstructing the operation or use of, any window, door, or other emergency exit. 16. Standing in the way of direction or impeding the vehicle from moving. 17. Posting or removing any notice or advertisement unless authorized by a Contractor official. 18. Throwing any stone, wood, snow or other substance at, into, or from any Contractor vehicle. 19. Gambling or soliciting others to engage in gambling. 20. Engaging in any activity prohibited by State, County, or Municipal law. 21. Entering or exiting a Contractor vehicle through the rear exit door unless directed by a Contractor official or in the event of an emergency. 22. Climbing through a window or extending an arm, leg or head out the window of any Contractor vehicle. 23. Hanging onto or attaching oneself to any exterior part of a Contractor vehicle while the vehicle is resting or in motion. 24. Running or engaging in any horseplay. 25. Refusing to leave any Contractor vehicle after having been ordered to do so by the operator of the vehicle, a security guard, peace officer, or Contractor official or supervisor. Compliance If a Contractor operator encounters any individual(s) violating the above rules, the operator will ask the individual(s) to stop the activity or leave the premises. If the individual(s) persist in their conduct, the Contractor will notify a peace officer who will take appropriate action. Compliance with these rules is required of each passenger. Failure to comply may result in immediate removal up to suspension of transportation services. 196 EXHIBIT H INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $5,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of 197 2 insurance as required herein. Limits are subject to review but in no event less than $10,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance 198 3 is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any 199 4 steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this 200 5 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 201 202 203 204 205 206 207 208 EXHIBIT G MOORPARK CITY TRANSIT RULES/ CONTRACTOR PASSENGER CONDUCT Moorpark City Transit Rules: 1. No eating, drinking, smoking, loud noise, or animals (other than service animals) are permitted in the vehicle. 2. Passengers must have exact change. 3. California Civil Code Section 2186 and California Penal Code Section 640 shall be enforced. Moorpark Beach Bus Specific Rules: 1. All materials (boogie boards, back packs, coolers, or other items) must be stored in the bus storage compartment during the trip to/from Ventura Harbor Beach. Contractor Passenger Conduct: The following acts on any Contractor vehicle which is used for City bus excursion and charter bus services are prohibited: 1. Smoking tobacco or any other substance, or carrying a lighted or smoldering substance in any form. 2. With the exception of peace officers, carrying aboard any weapon. 3. Carrying aboard any flammable or explosive substance except for matches and cigarette lighters. For example, cooking stoves, propane tanks, and other fuels are prohibited. Carrying aboard any package or article of a size which will block any aisle, emergency exit, or stairway of the vehicle. 4. Carrying aboard any animal not housed in an enclosed carrying container. Such container cannot block or hinder travel in the aisle, emergency exit, or stairway. 5. Carrying aboard a stroller unless such item is folded and unoccupied. Strollers must remain folded while aboard the vehicle and must not block or obstruct an aisle, emergency exit, or stairway. 6. Playing radios or other audio devices or musical instruments aboard unless the only sound produced by such item is emitted by a persona listening attachment (earphone) audible only to the person carrying the device producing the sound. An exception exists for peach officers, security guards, and for Contractor officials while performing their official duties. 7. Littering, discarding, or depositing any trash, debris, or offensive substances in non-appropriate places. 8. Spitting, urinating, or defecating. 9. Damaging, writing upon, or otherwise defacing or altering property. 10. Fighting or engaging in any violent, tumultuous, or threatening behavior. 11. Making excessive and unnecessary noise, or using profanity. 12. Obstructing the free movement of passengers. 13. Interfering with the safe operation or movement of a Contractor vehicle or operator. 599 209 2 14. Standing or otherwise occupying any space in front of the line marked on the forward end of the floor of the vehicle or otherwise conducting himself/herself in such a manner as to obstruct the vision of the vehicle operator while the vehicle is in motion. 15. Impeding the opening of, or interfering or tampering with, or otherwise obstructing the operation or use of, any window, door, or other emergency exit. 16. Standing in the way of direction or impeding the vehicle from moving. 17. Posting or removing any notice or advertisement unless authorized by a Contractor official. 18. Throwing any stone, wood, snow or other substance at, into, or from any Contractor vehicle. 19. Gambling or soliciting others to engage in gambling. 20. Engaging in any activity prohibited by State, County, or Municipal law. 21. Entering or exiting a Contractor vehicle through the rear exit door unless directed by a Contractor official or in the event of an emergency. 22. Climbing through a window or extending an arm, leg or head out the window of any Contractor vehicle. 23. Hanging onto or attaching oneself to any exterior part of a Contractor vehicle while the vehicle is resting or in motion. 24. Running or engaging in any horseplay. 25. Refusing to leave any Contractor vehicle after having been ordered to do so by the operator of the vehicle, a security guard, peace officer, or Contractor official or supervisor. Compliance If a Contractor operator encounters any individual(s) violating the above rules, the operator will ask the individual(s) to stop the activity or leave the premises. If the individual(s) persist in their conduct, the Contractor will notify a peace officer who will take appropriate action. Compliance with these rules is required of each passenger. Failure to comply may result in immediate removal up to suspension of transportation services. 600 210 EXHIBIT H INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $5,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $10,000,000 aggregate. 211 Durham Insurance Requirements Page 2 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any 212 Durham Insurance Requirements Page 3 premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance 213 Durham Insurance Requirements Page 4 requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City 214 Durham Insurance Requirements Page 5 assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 215 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING THE 2024 SUMMER BEACH BUS PROGRAM WHEREAS, Durham School Services, L.P., (Durham) was first awarded an agreement to provide transit services for the City’s Summer Beach Bus Program on June 18, 2001; and WHEREAS, Durham has provided transit services for our Summer Beach Bus Program continuously since the inception of the Summer Beach Bus Program; and WHEREAS, as in the past, the Summer Beach Bus 2024 service will operate Wednesday through Friday, from mid-June 2024, through approximately mid-August 2024; and WHEREAS, staff has proposed a one-year Agreement with Durham to provide Bus Excursions and Charter Bus Transit Services for City Recreational programs in 2024; and WHEREAS, the City Council wishes to establish the 2024 Summer Beach Bus Program and accompanying rates; and WHEREAS, the Community Development Director has determined that this action is exempt from the provisions of the California Environmental Quality Act (CEQA) as is does not constitute a project as defined by Section 15378 of the State CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Summer Beach Bus shall consist of two (2) trips to Ventura Harbor/Harbor Cove Beach and two (2) return trips to Moorpark. SECTION 2. Pickup points in Moorpark are tentatively planned for Campus Canyon School, High Street (across from Metrolink Station), and Arroyo Vista Recreation Center. SECTION 3. Fare will be $5.00 round trip for passengers ages six years old to 64 years old and $2.00 round trip for passengers 65+ or passengers with a disability. Children age five or younger accompanied by a passenger at least 16 years or older will ride for free. SECTION 4. The City Manager is authorized approve the final 2024 Summer Beach Bus schedule and is authorized to make adjustments to the Summer Beach Bus program as necessary. SECTION 5. This resolution shall be effective upon approval of the City Council. ATTACHMENT 2 216 Resolution No. 2024-____ Page 2 SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of May, 2024. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 217